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A  STATEMENT 


THE  FACTS  AND  CIRCOISTANCKS 


RELATIVE    TO   THE   OPERATION 


THE  PILOT  LAWS  OF  U.  S, 


WITH    PARTICULAR    REFERENCE    TO 


NEW  YORK. 


NEW  YORK : 

,  VI'llo.NV,    STATIONERS. 
P> 

1848. 


j  A  STATEMENT 


THE  FACTS  A.\D  CIRCUMSTANCES 


RELATIVE   TO   THE  OPERATION 


THE  PILOT  LAWS  OF  U.  S. 


WITH    PARTICULAR   REFERENCE    TO 


NEW  YORK. 


NEW  YORK : 

R.  C.  ROOT   &   ANTHONY,    STATIONERS, 
No.  22  William  Street. 

1848. 


Whilst  the  undersigned  are  convinced  of  the  policy  of  admitting 
Pilots  of  adjoining  States,  and  traversing  the  same  waters,  into  a 
competition  for  the  common  Pilotage  of  those  States,  they  can  cheer- 
fully say,  in  particular  reference  to  the  Jersey  Pilots,  that  they  have 
every  confidence  in  the  faithfulness  and  efficiency  of  the  Commis- 
sioners of  Pilotage  of  New  Jersey,  and  in  the  salutary  operation  of 
the  laws  of  this  State  concerning  Pilotage  ;  and  have  reason  to 
believe  that  the  statements  made  in  this  abstract,  with  regard  to  the 
conduct  and  competency  of  Jersey  Pilots  are  a  correct  representa- 
tion. 

WM.  PENNINGTON, 
JOS.  C.  HORNBLOWER, 
JOHN  S.   DAROY, 
New  Jersey,  June  13,  1840.         ARCHER   GIFFORD. 


STATEMENT,     &c 


At  the  instance  of  several  persons  who  take  a  deep  interest  in  the 
commercial  prosperity  of  the  city  of  New  York,  the  compiler  of 
these  sheets  has  here  attempted  to  set  the  question  of  the  repeal  of 
the  pilot  law  of  2d  March,  1837,  in  its  proper  light,  by  making  as 
clear  an  exhibition  of  the  facts  and  circumstances  of  the  case,  as  the 
haste  with  which  they  have  been  selected  would  allow. 

Pilot  laws  should  not  be  made  for  the  benefit  of  pilots,  having  in 
view  their  interests  alone.  The  establishment  of  a  system  of  pilot- 
age is  but  the  adoption  of  a  means  to  attain  an  end  :  that  end  is  the 
protection  of  commerce  ;  and  in  legislating  on  this  subject,  the  end 
should  always  be  kept  in  view,  and  every  thing  in  the  law  should 
tend  to  its  attainment.  The  interests  of  merchants,  ship-owners, 
and  underwriters,  are  the  primary  interests  at  stake  ;  consequent 
upon  these,  and  immediately  connected  with  them,  are  the  interests 
of  the  community  at  large.  These  positions  are  perfectly  consistent 
with  the  encouragement  of  eminent  proficiency  and  faithfulness  in 
pilots  themselves.  Such  encouragement  is,  in  fact,  conducive  to 
the  principal  design  ;  but  though  an  object  of  importance,  it  is,  or 
should  be,  a  subsidiary  one. 

That  the  Congress  of  the  United  States  have  full  power  to  regu- 
late the  pilotage  of  the  different  ports  and  harbors  of  the  States,  there 
can  be  no  doubt.  It  is  their  right  "  to  regulate  commerce  with 
foreign  nations,  and  among  the  several  States,  and  with  the  Indian 
tribes  ;"  and  few  things  can  with  less  hesitation  be  set  down  in  the 
category  of  commercial  regulations,  than  laws  of  pilotage.  No  State, 
therefore,  should  consider  it  as  bearing  hard  upon  its  own  legitimate 
sovereignty,  for  Congress  to  exercise  the  right  of  passing  such  laws, 


or,  which  amounts  to  the  same  thing,  of  adopting  laws  created  by 
other  legislative  bodies  on  that  subject.  Part  of  the  territory  of 
New  Jersey  is  included  within  the  bounds  of  the  Collection  District 
of  NewYork,and  is  thus  subject  to  the  supervision  of  Custom  House 
authority  eminating  from  the  Eastern  side  of  the  Hudson.  But  New 
Jersey  does  not  complain.  She  knows  that  the  collection  of  the 
customs,  and  all  regulations  relating  thereto,  is  a  matter  that  belongs 
to  the  cognizance  of  ihe  United  States,  and  not  to  the  cognizance 
of  one  State  ;  and  therefore  she  is  contented,  under  such  circum- 
stances, to  be  ignorant  of  State  lines,  and  State  jealousies. 

And  thus  it  should  be  with  regard  to  any  laws  that  Congress  may 
see  fit,  in  its  wisdom,  to  pass  respecting  pilots  and  pilotage.  It  is 
an  unjust  and  unauthorized  cry  that  is  raised  by  the  pilots  of  New 
York  and  New  Orleans,  &c.,  or  their  friends,  that  they  are  deprived, 
by  existing  laws,  of  any  of  their  rights,  or  that  their  respective  States 
are  deprived  of  any  part  of  their  proper  sovereignty. 

For  many  years  Congress  saw  fit  to  pass  no  law  on  the  subject  of 
pilotage,  except  the  following,  which  left  the  matter  entirely  to  the 
care  of  State  Legislatures. 

Act  of  Aug.  7,  1789,  Sect.  4.— "All  pilots  in  the  bays,  inlets, 
rivers,  harbors,  and  ports  of  the  United  States,  shall  continue  to  be 
regulated  in  conformity  with  the  existing  laws  of  the  States  respec- 
tively wherein  such  pilots  may  be,  or  with  such  laws  as  the  States 
may  respectively  hereafter  enact  for  the  purpose,  until  further  legis- 
lative provision  shall  be  made  by  Congress." 

Under  this  act,  the  pilots  in  the  several  harbors  of  the  United 
States  were  regulated  by  the  laws  of  the  several  States  respectively; 
and,  as  a  general  rule,  no  pilots  authorized  to  act  as  such  by  the  laws 
of  one  State,  could  pilot  a  vessel  into  the  harbors  of  another;  though, 
from  tbe  contiguity  of  the  waters,  they  were  as  competent  to  do  it 
as  the  pilots  of  the  latter  could  possibly  be.  This  species  of  exclu- 
sive right,  or  monopoly,  often  bred  confusion  and  jealousy  ;  and 
deprived  the  general  commerce  of  the  country  of  that  full,  free  and 
concentrated  assistance  of  its  pilots,  which  the  interests  of  that  com- 
merce required.  The  pilot  laws  of  individual  States  were  some- 
limes  inefficient,  and  their  mercantile  and  insurance  interests  were 


often  exposed  to  severe  suffering,  when  the  aid  of  the  pilots  of  a 
neighboring  State  would  have  remedied  the  evil,  and  offered  an 
incitement  to  improve  those  inefficient  laws. 

Such  was  the  case  in  New  York  ;  and  what  I  have  further  to  say 
on  this  subject  will  be  principally  confined  to  her  case. 

The  pilot  system  of  New  York  up  to  1837  was  very  inadequate 
to  the  protection  of  her  extensive  commerce.  The  Master  and 
Wardens  were  restricted  to  the  appointment  of  thirty  pilots,  and  as 
many  deputy  pilots.  The  practical  inefficiency  of  this  system  may 
be  seen  at  once.  The  Master  and  Wardens  were  unauthorized  to 
appoint  any  new  pilots,  how  much  soever  the  wants  of  the  commu- 
nity called  for  it,  until  the  death,  resignation,  or  suspension  of  one 
or  more  of  the  pilots  already  licensed.  Some  of  these  might  be 
superannuated,  or  disabled  by  sickness,  or  otherwise  incompetent  to 
the  discharge  of  their  duties  ;  but  the  hands  of  the  Master  and  War- 
dens were  tied  : — they  had  no  power  of  providing  for  the  exigencies 
of  the  occasion.  Besides  this,  the  thirty  actual  pilots,  secure  of 
their  monopoly,  were  exposed  to  the  temptation  of  remissness — 
which  temptation  became  more  powerful  in  proportion  to  the  need 
there  was  of  their  indefatigable  exertions — as  in  cases  of  stress  of 
weather,  &c.  By  another  provision  of  the  laws  of  New  York,  the 
pilot  who  brought  a  vessel  into  port,  was  entitled  to  the  preference 
of  taking  her  to  sea  again.  This  was  often  an  inducement  for  loung- 
ing about  the  shore,  when  their  assistance  was  needed  outside  of  the 
harbor. 

Such  were  some  of  the  objectionable  features  of  the  New  York 
pilot  laws  previous  to  1837.  The  inefficiency  of  these  laws  was 
the  occasion  of  so  much  dissatisfaction,  that  Congress,  by  act  of  2d  ., .,  / 
March,  1837,  enacted,  "  That  it  shall  and  may  be  lawful  for  the 
master  or  commander  of  any  vessel  coming  into  or  going  out  of  any 
port  situate  upon  waters  which  are  the  boundary  between  the  States, 
to  employ  any  pilot  duly  licensed  or  authorized  by  the  laws  of  either 
of  the  States  bounded  on  said  waters,  to  pilot  the  said  vessel  to  or 
from  said  port,  any  law,  usage,  or  custom  to  the  contrary  notwith- 
standing." 


The  Legislature  of  New  Jersey  had  passed  a  general  pilot  law  in 
the  beginning  of  February  preceding  ;  and  pilots  were  in  a  short  . 
time  after  the  passing  of  the  Act  of  Congress,  duly  commissioned, 
and  entered  upon  the  discharge  of  their  duties  ;  whereby  a  spirited 
competition  was  soon  excited  between  them  and  the  pilots  of  New 
York.  In  addition  to  this,  the  pilot  laws  of  New  York  underwent 
a  revision  in  April  of  the  same  year.  All  things  combined,  the  se- 
curity of  vessels  entering  and  leaving  the  port  of  New  York,  was 
enhanced  in  an  eminent  degree.  The  New  York  pilots  are  now 
aitempiing  to  get  a  repeal  of  the  said  Act  of  Congress,  in  order  to 
prevent  the  competition  of  the  Jersey  pilots. 

It  is  my  object  to  shew,  by  selections  from  such  documents, 
affidavits,  and  statements  of  men  competent  to  judge,  as  I  hope  will 
be  satisfactory  to  every  candid  mind, — 

That  all  the  evils  which  might  be  apprehended  from  the  pre-ex- 
isting pilot  laws  of  New  York  actually  occurred,  and  gave  just  oc- 
casion of  complaint  to  merchants,  ship-owners,  and  underwriters  ; 

That  these  evils  called  for  a  more  enlarged  and  liberal  system  of 
pilotage,  wherein  the  emulation  of  a  large  number  of  competent 
pilots  might  be  excited,  for  the  protection  of  the  extended  com- 
merce of  New  York  ; 

That  this  desideratum  was,  as  far  as  practicable,  attained  by"  the 
reforms  introduced  in  1 837,  particularly  by  admitting  the  New  Jersey 
pilots  into  competition  with  those  of  New  York  ;  and 

That  there  are  no  substantial  reasons  for  modifying  the  present 
laws,  or  for  excluding  the  said  pilots  from  such  competition. 

I  shall  commence  by  showing  the  state  of  things  that  existed 
prior  to  1837, — and  the  complaints  that  arose  therefrom. 

I.  I  will  here  set  down  with  only  some  verbal  alterations,  a  few 
extracts  from  the  Diary  of  the  late  Capt.  John  Earl,  well  known  for 
many  years  as  one  of  the  most  able  and  efficient  officers  for  the  pre- 
servation of  wrecked  vessels  and  property,  and  for  performing  the 
general  duties  of  marine  inspection,  that  the  underwriters  of  New 
York  had  in  their  employ.  I  6nd  in  the  said  Diary  many  observa- 


lions  of  great  value  on  various  topics  of  marine  interest,  and  much 
on  the  subject  of  pilotage  ;  of  which  the  following  was  principally- 
written  in  1835  : 

"  This  a  source  of  sore  vexation. — In  1819  when  our  commerce 
might  have  been  three-sevenths  of  what  it  now  is,  the  number  of 
pilots  was  limited  to  30  branch  pilots,  who  might  each  appoint  a 
deputy,  thereby  securing  a  monopoly.  If  30  pilots  were  insufficient  /1*~*>~ 
at  that  time,  no  less  than  70,  in  the  same  ratio,  are  now  required.  ,  L,  ^i^-c^. 
But  since  that  period  any  attempt  to  get  the  legislature  to  increase  / 
the  number,  or  to  revise  the  system,  has  failed.  Perhaps  the  only 
legislation  on  the  subject  in  the  interim,  has  been  to  add  one-fourth 
to  the  established  rates,  if  a  pilot  should  happen  to  take  a  ve*el  so 
far  from  the  land  that  Sandy  Hook  was  not  visible — a  distance,  in 
clear  weather,  not  exceeding  15  miles  ;  whilst  the  Chesapeake  and 
Delaware  pilots  are  bound  to  cruise  40  miles  each  way,  and  are 
often  met  30  leagues  at  sea.  But  our  pilots,  with  an  average  of  5 
boats,  being  combined,  keep,  at  most,  two  boats  below  to  take  off 
outward  pilots,  whilst  the  others  are  at  the  city  watching  the  signal  ' 
poles  at  Staten  Island,  where  all  vessels  are  announced,  and  then 
set  off  to  meet  them,  which  they  do,  sometimes  at  the  Spit,  some- 
times at  the  point  of  the  Hook,  but  rarely  before  they  cross  the  bar. 
The  boats  kept  below  answer  a  double  purpose,  to  take  off  outward 
pilots,  and  to  speak  our  numerous  coasting  vessels,  and  thereby 
subject  them  to  half-pilotage.  Nor  do  they  fail,  in  every  instance 
to  extort.*  One  hundred  dollars  has  been  charged  for  bringing 
(Capt.  Lyon)  from  his  ship,  which  was  in  distress  at  the  Spit,  to 
the  city  ;  fifteen  dollars  for  bringing  a  letter  from  the  Brig  Frances 
Ann,  which  was  ashore,  and  in  distress,  on  the  West  bank. 

"  And  although  protected  in  their  monopoly  by  legislative  enact- 
ment,  the  community  receive  no  adequate  equivalent.  It  is  a  fact 
susceptible  of  proof,  that  before  the  De  Rham  struck  she  was  seen 
to  leward  by  one  of  our  pilots,  but  because  they  had  but  one  pilot 
on  board  they  would  not  go  down  to  warn  them  of  their  danger. 
The  course  pursued  by  this  class  (who  are  mostly  natives  of  New 
York)  has  had  such  an  influence  on  their  character  that  they  are 


10 

4 

never  seen  on  change,  or  associated  arid  acting  with  ship-owners, 
or  masters  of  vessels,  but  if  wanted,  you  must  seek  them  at  a  porter 
house,  &c.  ;  and  whilst  the  law  enjoins  it  on  each  boat  to  have  2 
apprentices,  and  to  instruct  them  in  every  respect,  and  that  an  ex- 
amination annually,  in  May,  shall  take  place  before  the  Wardens,  it 
is  believed  that  the  thing  is  totally  neglected,  and  that  the  apprenti- 
ces run  wild,  and  are  induced  to  leave  the  boats,  lest  they  should 
claim  the  privilege  of  becoming  pilots  in  their  turn  ;  else  why  don't 
we  hear  something  about  the  hardships  of  a  five  years  apprenticeship,. 
except  in  a  Ward  Court  when  pilots  are  supporting  a  claim  for 
fl*~*  services  never  performed.  It  is  then  our  sympathies  are  assailed,, 
setting  forth  the  privation  and  hardships  of  a  pilots  life. 

"  In  conclusion.  I  have  only  to  remark  that  the  recent  discov- 
ery of  Lieut.  Gedney,  proves  how  little  dependence  can  be  placed 
on  our  pilots,  who  have  left  it  to  a  stranger  to  discover  a  channel  to 
them  unknown,  through  which  a  ship  of  the  largest  class  on  one 
course  from  the  Bar  might  reach  the  city  in  two  hours,  with  a  wind 
that  by  the  usual  channel,  would  often  occupy  two  days.  And  since 
it  is  susceptible  of  proof  that  only  three  or  four  of  our  pilots  have 
even  an  imperfect  knowledge  of  the  channel  to  Amboy,  what  would 
they  do  with  a  ship  that  had  the  misfortune  to  lose  her  anchors  at 
the  Spit  or  on  the  Bar,  blowing  hard  from  N.  E.  ?  She  could  not 
get  to  sea,  nor  approach  New  York,  but  half,  or  more,  of  our  Smack 
fishermen  and  others,  could  run  her  to  Amboy  with  safety,  while  if 
in  charge  of  a  Sandy  Hook  pilot,  like  the  Draper  and  tfce  Eagle, 
she  would  be  run  on  shore. 

"  I  am  aware  of  the  adage  '  To  mend  the  world  is  an  arduous 
task,'  and  I  am  also  aware  of  Nature's  law,  that  we  cannot  acquire 
any  permanent  benefit,  without  self-denial  ;  but  I  verily  believe  that 
by  suitable  and  well  directed  efforts,  this  reproachful  system  could 
be  revised." 

He  then  goes  into  a  minute  calculation  of  the  emoluments  accru- 
ing to  the  pilots  of  New  York,  during  the  years  1834  and  1835, 
deduced  from  entries  at  the  Custom  House,  reports  of  Boarding 
masters,  &c.,  which  after  making  all  due  deductions  and  allowances, 


11 

he  thinks  could  not  have  been  less  lhan  $120,000  for  ihe  former, 
and  $115,000  for  the  Walter  of  those  years.  From  this  he  argues 
the  propriety  and  justice  of  admitting  a  more  extensive  competition. 

"  If  this  statement,"  he  continues,  "is  near  the  truth,  it  is  evi- 
dent that  the  income  is  sufficient  to  support  one  hundred  efficient 
pilots  •  if  not,  it  is  time  to  increase  the  rates  :  for  it  is  idle  to  sup- 
pose that  thirty  pilots,  and  as  many  deputies  (if  the  ranks  were  full) 
can  meet  the  wants  of  the  community,  and  it  is  suspected  that  there 
are  several  supernumeraries  who  never  go  out,  some  old  men  who 
are  seldom  all  able  to  attend,  some  licensed  who  have  never  been 
qualified,  and  it  is  questionable  if  we  have  at  any  time  over  forty 
efficient  pilots.  Yet  on  eleven  days  in  one  year  there  arrived  and 
cleared  1300  vessels  averaging  1 18  per  day,  the  largest  number  in 
one  day  being  147. 

"  Compare  the  foregoing  stntements  with  the  official  statement 
published  in  the  Key  West  Enquirer,  (January  9,  1836,)  exhibiting 
the  amount  of  salvage  awarded  during  the  year.  On  $270,000  of 
wrecked  property,  S91 ,523.02  were  divided  between  twenty  vessels 
averaging  eight  men  each.  Thus  it  would  appear  that  20  vessels 
valued  at  50.000,  and  160  men,  in  one  of  the  most  hazardous  em- 
ployments, received  only  $91,528,02;  while  5  pilot  boats,  not 
exceeding  half  the  value  (say  $25,000,)  add  (by  law)  not  exceeding 
60  pilots,  realize  $115,000.  Hence  it  will  be  seen,  allowing  10 
per  centum  the  capital  employed,  and  apportioning  the  balance  in 
each  case,  that  the  Key  West  wreckers  realized  that  year  $540, 
70- 1 00  per  man,  whilst  the  N.Y.  pilots  actually  shared  $1875  each." 
Under  date  of  January  9,  1837,  in  the  same  diary  is  the  following  : 

"  Ship  Tamarac,  from  Liverpool,  was  stranded  near  Fire  Inlet, 
full  of  passengers,  who  made  good  their  landing,  except  an  infant. 
Now  it  is  a  known  fact  that  on  Sunday,  Jan.  1,  six  ships,  three 
barques,  and  eighteen  brigs,  were  reported  in  sight  hovering  round 
the  bar  with  signals  for  pilots  :  at  ihe  same  time  three  pilot  boats 
with  their  crews  were  reveling  at  Quarantine,  and  it  is  presumed  that 
all  the  others  were  at  our  docks  in  the  city,  as  not  a  vessel  received 
a  pilot  during  that  day.  At  evening,  the  Hercules  steam-boat  passed 


12 

down  the  Narrows  with  a  pilot  boat  in  tow,  and  some  of  the  vessels 
obtained  pilots,  some  came  into  the  Bay  without  any,  whilst  the 
more  cautious  lay  off  and  on,  some  of  which,  the  Mexican  and 
Tiimarac,  went  on  shore,  and  some  have  not  since  been  heard  of. 
This  circumstance  has  awakened  public  feeling,  &c." 

Then  follows  some  remarks  on  the  features  of  any  new  law  that 
should  Ije  passed  on  the  subject. 

He  says  again,   "  From  memory,  I  have  enumerated  39  vessels 
,.,1  /<  totally  lost  within  a  few  years,  on  pilot  grounds,  the  losses  amount- 

ing to  upwards  of  $3,000,000.  I  will  therefore  contend  if  we  had 
as  efficient  a  pilot  system,  as  that  established  at  Liverpool,  very  few 
of  those  losses  would  have  occurred  ;  for  not  one  of  the  whole  num- 
ber (for  I  have  a  perfect  recollection  of  them)  ever  occurred  from 
stress  of  weather,  and  by  far  the  greatest  part  of  them  were  lost  in 
fine  weather.  This  leads  to  the  query  how  they  were  lost  ?  To 
which  I  reply,  from  the  well  known  fact  that  our  pilots  were  never 
to  be  found  beyond  the  Bar  ;  and  vessels  must  run  the  hazard  of 
seeking  them  there.  If  our  pilots  were  bound  to  cruise  on  a  line 
with  Fire  Inlet  and  Barnegat,  they  would  seldom  be  out  of  sight  of 
the  Highlands  in  clear  weather,  and  it  would  then  be  the  practice  of 
all  strangers  to  lie  by  for  a  pilot,  instead  of  running  into  an  eel-pot — 
for  such,  in  effect,  is  the  approach  to  Sandy  Hook.  By  the  time 
a  ship  comes  up  with  the  Bar,  she  is  perfectly  embayed,  and  with 
the  wind  S.  E.  cannot  clear  on  either  tack  ;  nor  is  it  perhaps  gen- 
erally known  that  on  the  flood  tide,  the  in-draught  at  4^>ckaway 
Inlet  is  such  as  to  render  it  impossible,  on  the  starboard  tack,  to 
depend  on  the  course  steered,  and  but  little  is  known  by  sounding  " 

He  frequently  finds  fault  with  the  rates  of  pilotage  being  the  same 
outward  and  inward,  and  with  the  preference  to  be  given  in  taking  a 
vessel  out  to  the  pilot  who  brought  her  in.  In  one  place  in  the 
course  of  remarking  on  the  provisions  of  the  new  bill  introduced  into 
the  Legislature  of  New  York,  1837,  he  says  :  "  By  leaving  outward 
and  inward  pilotage  on  the  same  footing,  and  always  giving  prefer- 
ence to  the  pilot  that  brought  the  vessel  in,  to  take  her  out,  and 
seeing  that  one  day  with  another  through  the  year,  40  vessels  are 


within  two  days  of  sailing,  what  pilot,  sure  of  a  ship  that  will  pay 
him  $30,  day  after  to-morrow,  or  even  4  days  hence,  would  not 
consider  his  chance  better  to  wait  than  to  go  to  sea  and  CHUM'. 
Suppose,  then,  out  of  the  precious  60  provided  for  by  the  bill,  40 
are  on  shore  with  a  good  pretext  for  waiting  ;  6  others  necessarily 
engaged  as  chairmen  on  political  committees,  3  more  on  the  sick 
list,  there  would  be  left  eleven  pilots  to  look  out.  On  the  whole, 
it  is  evident  that  the  only  chance  of  security  left,  is  in  giving  en- 
couragement to  Jersey  pilots,  &c.  Had  the  pilots  suffered  the  bill 
sent  up  to  go  into  operation,  it  would  have  been  more  favorable  to 
all  of  them,  inasmuch  as  it  provided  for  the  old  men,  and  held  out 
greater  engouragement  to  the  young  and  enterprising  ;  whilst  their 
system  has  always  been  calculated  to  make  dronesof  the  whole  class.'* 

Let  this  suffice  of  Capt.  Earl's  Diary.  It  will  have  been  seen 
from  this,  that  he  was  a  man  of  shrewd  observation,  and  practical 
judgment.  He  was  one  of  the  many  men  of  the  city  of  New  York 
who  manifested  a  lively  interest  in  the  passage  of  the  law  of  Con- 
gress now  attetnpted  to  be  repealed,  and  of  the  pilot  laws  of  New 
Jersey  passed  about  the  same  time. 

II.  /  shall  next  make  a  few  extracts  from  the  presentment  of  the 
Grand  Jury  for  the  City  and  County  of  New  Forfc,  on  occasion  of 
the  loss  of  the  Barque  Mexico,  January  3d,  1837.  The  Grand 
Jury  sty  : 

"  Desirous,  however,  of  prosecuting  their  inquiries,  in  the  hope 
of  eliciting  information  calculated  to  promote  the  security  of  the 
lives  and  property  of  their  fellow  citizens,  the  grand  inquest  required 
the  attendance  of  many  of  our  most  active  ship-owners,  ship-masters, 
port-wardens,  and  pilots,  from  whom  the  following  was  obtained — 

"  It  appears  that  forty  years  since,  the  number  of  pilots  actually 
in  service  in  this  port  was  about  thirty  ;  in  the  year  1819,  when 
the  existing  laws  regulating  the  pilot  system  were  enacted,  there 
were  thirty-eight  ;  and  the  number  now  is  limited  by  law  to  sixty 
(although  from  various  incidental  causes,  those  actually  fit  for  duty 


14 

do  not  exceed  fifty,  and  propably,  on  an  average,  the  number  is 
less,)  which,  the  grand  inquest  feel  constrained  to  say,  from  the 
information  before  them,  is  wholly  inadequate,  especially  during  ihe 
quarantine  season,  to  the  wants  of  this  port. 

"It  appears  that  there  are  but  six  pilot  boats  in  commission,  to 
each  of  which  are  attached,  exclusive  of  the  licensed  pilots,  from  three 
to  five  apprentices  to  the  profession,  who  constitute  the  crew,  &c. 

"  It  further  appears  that  there  are  several  partners  to  each  boat, 
but  that  the  total  amount  of  pilotage  paid  on  vessels  arriving  at,  or 
leaving  this  port,  is  treated  as  a  common  fund,  and  divided  equally 
among  all  the  branch  and  deputy  pilots  ;  this  dividend  is  stated  by 
the  pilots  to  amount,  on  an  average,  to  $1200,  or  $1300  per  annum 
to  each  ;  and  it  is  contended  by  the  pilots,  as  the  grand  inquest 
conceived  with  much  reason,  that  this  is  not  more  than  a  fair  com- 
pensation to  men  who  lead  lives  of  great  exposure  and  responsibility. 

"  The  grand  inquest  are  compelled  to  state,  that,  without  excep- 
tion, the  testimony  of  every  merchant  and  ship-master  examined  by 
them,  was  such  as  to  reflect  great  discredit  on  the  vigilance  and 
activity  of  the  pilots  of  this  port,  as  compared  with  the  pilots  of  any 
other  port  of  our  own  coast,  as  well  as  the  principal  ports  of  Europe. 

"  It  seems  to  be  the  inevitable  result  of  a  system,  which  selects 
so  small  a  number  for  so  great  a  work,  and  which  secures  to  them 
by  legislative  provisions  of  the  strictest  character,  the  exclusive 
enjoyment  of  these  offices,  and  in  certain  cases  giving  them  a  moiety 
of  the  compensation,  where  no  service  is  performed.  m 

"  And  to  the  combination  before  alluded  to,  the  greater  portion 
of  the  existing  evils  may  be  fairly  attributed  ;  for,  being  secure  of  a 
ratable  proportion  of  the  entire  income  of  the  profession,  the  indo- 
lent are  placed  on  a  footing  with  the  enterprising  and  moral,  and 
every  incitement  to  emulation  is  completely  paralysed." 

III.  At  a  general  meeting  of  the  New  York  merchants,  Dec.  8, 
1836 — it'was,  amongst  other  things, 

"Resolved,  That  in  the  opinion  of  this  meeting,  the  existing  pilot 
laws  of  this  State  are  deeply  injurious  to  the  interests  of  navigation, 


IS 

by  preventing  all  competition,  and  by  taking  away  the  inducements 
which  are  held  out  to  pilots  jof  other  ports,  to  board  vessels  at  a  dis- 
tance from  their  harbors." 

The  above  is  but  one  of  the  many  expressions  of  the  public  opin- 
ion on  the  subject,  that  were  made  about  that  time.  Numerous 
resolutions  of  public  meetings  convened  on  the  subject  of  the  pilot 
laws  ;  numerous  communications  from  those  that  were  concerned  in 
the  mercantile  and  shipping  interests,  constantly  appeared  in  the 
public  prints  of  th$  day,  loudly  calling  for  a  repeal  of  the  existing 
laws,  and  for  the  establishment  of  such  a  system  of  pilotage,  as  should 
give  scope  to  extensive  and  general  competition,  whilst  it  secured 
the  competency  of  the  pilots.  Scarcely  a  merchant,  or  a  ship-owner, 
or  an  underwriter,  or  ship-master,  could  be  found,  who  was  not 
anxious  for  reformation.  These  were  the  very  men  whose  interests 
were  at  stake. 

It  was  at  this  crisis  that  many  citizens  of  New  York,  of  the  highest 
character  for  intelligence  and  public  spirit,  urged  upon  their  friends 
in  New  Jersey  to  endeavor  to  obtain  the  passage  of  pilot  laws  in  that 
State.  There  were  many  persons  belonging  to  that  State  who  were 
intimately  acquainted  with  the  coasts  and  harbors  of  New  York  and 
adjacent  places,  and  much  better  qualified  in  some  respects  than  the 
New  York  pilots  to  take  charge  of  vessels  bound  to  that  city,  e.  g., 
they  were  intimately  acquainted  with  the  channel  to  Amboy  alluded 
to  in  Captain  Earl's  diary.  It  has  been  seen  that  they  succeeded  ; 
and  by  virtue  of  the  Act  of  Congress  passed  about  the  same  time,  a 
competition  was  created  between  the  pilots  of  New  Yrork  and  New- 
Jersey,  which  has  been  productive  of  the  greatest  advantages  to  the 
great  commercial  emporium. 

This  competition  xvas  particularly  desired  and  encouraged  by  the 
leading  merchants  and  others  who  had  friends  or  property  exposed 
to  the  dangers  of  the  sea,  as  will  be  seen  by  the  following  Resolution 
(for  example)  passed  at  a  meeting  of  the  Delegates  from  the  Cham- 
ber of  Commerce,  the  Board  of  Underwriters  and  Merchants  of  the 
City  of  NeVYork,  held  17th  May,  1837: 


16 

"Resolved,  Tint  the  law  of  the  last  session  of  our  Legislature 
*  for  the  appointment  and  regulation  of  .pilots  '  is  objectionable,  par- 
ticularly in  that  part  which  has  advanced  the  rates  of  pilotage  from 
33  to  50  per  cent. 

"Resolved^  That  in  the  opinion  of  the  meeting,  measures  should 
be  taken  by  the  merchants  and  underwriters  of  this  city,  for  sustain- 
ing a  free  and  fair  competition  between  the  New  York  and  New 
Jersey  pilots,  as  the  best  means  of  insuring  a  faithful  and  attentive 
performance  of  their  duties,  and  that  encouragement  and  patronage 
should  be  extended  to  the  latter  so  far  as  may  be  necessary  to  sus- 
tain such  competition." 

I  shall  now  take  leave  to  adduce  a  few  proofs,  properly  authen- 
ticated, and  selected  from  a  large  number  that  might  be  exhibited, 
showing  that  the  complaints  above  set  forth,  were  fully  authorized 
by  the  facts  ;  and  that  the  system  of  competition  introduced  in  1637, 
was  attended  with  the  most  happy  results. 

IV.     Affidavits  and  statements  of  several  ship-masters  and  others. 

1.  AFFIRMATION  OF  CAPT.  GIDEON  PARKER. 

"  The  ship  Junior  under  my  command  arrived  off  Sandy  Hook 
on  the  14th  December,  1836  ;  was  within  one  mile  of  the  Jersey 
shore,  and  Sandy  Hook  light-house  distinctly  in  sight  before  sunset 
from  the  deck  of  the  ship.  At  about  half  past  7  P.  M.  the  light  at 
Sandy  Hook  bore  West.  (I  had  a  signal  lanthorn  set  with  a  light 
soon  after  dark,  which  was  continued  till  after  day-light,  when  a 
jack  was  set  at  the  fore  top-gallant  mast  head — being  the  usual  sig- 
nal for  a  Pilot.)  The  wind  was  from  the  N.  W.  to  W.  N.  W.  I 
continued  beating  into  the  Hook  looking  for  a  Pilot.  At  11  P.  M. 
the  Hook  light  bore  South  ;  at  12  midnight,  anchored,  the  light 
bearing  E.  by  N.  about  4  miles  distant.  On  the  16th  at  10  A.  M. 
was  boarded  by  a  Pilot  40  hours  after  I  was  within  5  miles  of  the 
lUht-house,  and  signal  flying  night  and  day  the  whole  time. 

"  I  have  not  made  the  above  statement,  as  any  thing  new  in  my 
experience  ;  I  have  sailed  out  of  New  York  something  "more  than 


17 

twenty-seven  years  ;  more  than  twenty  as  master  ;  and  I  do  not 
recollect  of  receiving  a  Pilot  §ut  of  sight  of  the  land  that  the  Hook 
light-house  stands  on,  but  once  ;  and  that  was  something  more  than 
two  years  since;  during  the  time  there  was  an  opposition  Pilot  Boat 
on  the  station.  I  was  boarded  by  a  news  collector  (I  think  the 
Courier  and  Enquirer's  boat)  at  about  half-past  6  P.  M.  within  half 
a  mile  of  the  shore,  and  about  ten  miles  south  of  the  Hook,  who 
informed  me  that  a  pilot  boat  was  a  short  distance  ahead,  and  would 
soon  board  me.  I  did  not  believe  him,  and  told  him  so,  never 
having  seen  nor  heard  of  an  instance  of  the  kind  before  ;  but  it  was 
true  for  once,  and  I  arrived  in  town  at  11  P.  M. 

"  I  have  brought  the  ship  Indiana  from  sea,  and  beat  into  the 
Hook  without  a  pilot,  with  the  wind  west,  and  arrived  at  the  city 
without  being  spoken  by  one.  I  do  not  believe  that  I  have  taken  a 
pilot  outside  of  the  outer  buoys  once  in  five  times  since  I  have  sailed 
from  the  port. 

"  It  is  a  matter  of  notoriety,  wherever  I  have  been  acquainted 
with  ship-masters  and  commercial  men  that  travel  by  sea  in  Europe, 
Africa,  North  and  South  America — the  negligence  and  inattention 
of  New  York  pilots.  It  is  a  bye-word,  'As  lazy  as  a  New  York 
pilot.'  You  cannot  say  any  thing  more  grating  to  a  seaman  :  if  he 
is  black  he  will  consider  himself  highly  insulted,  and  I  certainly 

think  so  too." 

(Signed,) 

Affirmed  to  before  me  this  .  GIDEON  PARKER. 

18th  day  of  January,  1837.  / 

FRED. BLATCHFORD,     / 

Notary  Public.  ) 

2.  CAPT.  POST'S  STATEMENT. 

"  Ship  Tuskina,  from  Mobile,  R.  N.  Post,  Master. 

"Jan.  17,  1834,  I  arrived  off  the  port  of  New  York,  Highlands 

bearing  West,  4  miles  ;  set  signal  for  a  pilot — clear  weather — wind 

W.N.W.     At  8i  o'clock  carne  on  the  bar  in  4^  to  5  fathoms  water,. 

Sandy  Hook  bearing  W.  by  S.  2  miles  by  estimate.     I  beat  in  over 

3 


18 

the  bar  by  the  lead,  but  making  but  little  head  by  each  tack,  it  being 
ebb-tide.  Here  we  remained  until»2  P.  M.  before  we  could  dis- 
cover a  pilot  as  far  as  the  eye  could  extend  with  a  good  glass,  the 
weather  remaining  clear.  Soon  after  we  made  a  pilot  coming  down 
the  Narrows  :  came  alongside  and  brought  the  ship  to  anchor.  We 
then  hauled  down  our  signal.  At  3^  a  steamer  came  alongside  and 
took  us  to  town. 

"12th  Nov.  1835,  I  arrived  off  Sandy  Hook  from  Mobile  at  2 
P.  M.  Sandy  Hook  bore  W.  by  S.  2  miles.  Signal  had  been 
flying  for  a  pilot  2  hours,  after  which  I  stood  on  to  the  bar  in  4  to 
5  fathoms  water  ;  tacked  ship,  and  stood  back  again,  at  the  same 
time  heaving  the  lead  ;  wind  W.N.W.,  clear  weather.  At  3  P.  M. 
made  a  pilot  boat  coming  down  the  Narrows,  and  not  long  after, 
came  alongside,  and  brought  the  ship  to  anchor  in  the  channel.  At 
this  time  there  were  not  less  than  12  sail  on  our  contracted  pilot 
ground,  in  want  of  pilots.  One  of  the  said  vessels  I  saw  enter  the 
port  without  a  pilot,  and  proceed  on  her  way.  I  have  been  sailing 
out  of  the  port  of  New  York  more  or  less  for  sixteen  years,  and  have 
no  recollection  of  ever  seeing  a  pilot  board  a  vessel  in  the  night  at 
Sandy  Hook  but  once  ;  though  I  have  often  seen  them  in  want  of 
them  :  and  I  do  most  positively  assert  that  I  have  time  after  time 
been  running  up  for  the  bar,  with  fair  and  moderate  winds,  and 
Sandy  Hook  not  more  than  three  miles  distant  from  me,  and  found 
the  entrance  of  the  port  of  New  York  as  destitute  of  pilots,  as  if  I 
had  been  sailing  down  the  rapids  of  Niagara. 

"  I  do  not  make  these  statements  wishing  to  injure  those  pilots  ; 
but  make  them  as  my  own  grievances,  and  do  trust  our  Legislature 
will  enact  such  laws  in  regard  to  the  pilot  system  as  will  meliorate 
our  present  condition,  that  the  weather  beaten  sailor  may  find  relief, 
the  interests  of  both  underwriter  and  merchant  may  be  more  secure, 
and  that  there  may  be  fewer  widows  and  orphans,  and  fewer  dead 
bodies  floating  along  the  shores  of  our  port. 

"  This  ship  belonged  to  Messrs.  E.  D.  Hurlbut  &  Go's  line  of 
packets.  See  their  letter  herewith,  con6rming  the  negligence  of 
the  pilots." 


19 

• 

[Messrs.  E.  D.  Hurlbut  &  Co.  remonstrated  against  any  change 
in  the  law  as  it  now  stands,  stating  formerly  that  their  ship-masters 
found  it  difficult  to  get  pilots,  and  when  they  did,  it  was  only  inside. 
It  is  now  different.  They  have  23  vessels  from  their  house,  14  of 
which  are  ships  chiefly  employed  in  the  Southern  trade,  and  their 
entrance  into  port  is  frequent,  1840.] 

The  ship  Bristol,  from  Liverpool,  went  ashore  on  Rockaway 
shoals,  Nov.  20th,  1836,  and  nearly  100  souls  perished.  The  fol- 
lowing statements  were  made  and  published  at  the  time  : 

"  Before  the  gale  set  in,  the  Bristol  was  seen  by  the  Columbus, 
which  pressed  under  her  stern  at  10J  P.  M.  standing  to  the  east- 
ward under  three  topsails,  with  a  lantern  at  her  foretopmast  head  for 
a  pilot — the  Highland  lights  bearing  to  the  Southward  of  West,  and 
Sanely  Hook  light  distant  five  miles."  The  pilots  attempted  to 
show  at  the  time  that  no  blame  could  be  attached  to  them.  On 
which  the  following  statement  appeared  ;  being  a  letter  from  one  of 
the  most  respectable  houses  in  the  city. 

"CoL.  WEBB, 

Sir — We,  had  the  following  vessels  ofF  Sandy  Hook,  on 
Sunday,  (the  day  the  Bristol  was  wrecked,)  that  were  unable  to  ob- 
tain Pilots,  and  were  compelled  to  take  the  risk  of  going  ashore  in 
company  with  the  ship  Bristol :  their  loss  wrould  not  have  been  of 
much  consequence,  if  those  on  board  had  been  saved,  as  they  were 
all  insured,  and  as  it  appears  that  the  underwriters  are  much  more 
willing  to  pay  two  or  three  hundred  thousand  dollars  a  year  for  ves- 
sels going  ashore  on  our  coast,  than  they  are  disposed  to  get  up  an 
effectual  petition  to  the  Legislature  to  alter  our  Monopoly  pilot 
laws. 

Brigs  Sterling,  Baron,  Benjamin. 

Schrs.  Powhattan,  Albecross,  NewYork."     (Vide  Appendix  A.) 

The  loss  of  the  Bristol  raised  the  public  indignation  against  the 
then  pilot  laws,  to  a  very  high  pitch. 


20 

The  loss  of  the  barque  Mexico  has  already  been  alluded  to  in  the 
journal  of  Capt.  Earl  Of  1 1 6  souls  on  board ,  not  more  than  6  or  7 
were  saved.  The  following  is  an  extract  from  the  statement  of  the 
loss  which  appeared  at  the  time:  "The  barque  Mexico,  Capt. 
Winslow,  sailed  from  Liverpool  on  the  — th  of  October  last,  having 
on  board  a  crew  consisting  of  12  men  and  104  passengers,  in  all 
116  souls.  She  made  the  Highland  lights  on  Saturday  night  last  at 
I  1  o'clock,  and  on  Sunday  morning  was  off  the  bar,  with  thirty  or 
more  square  ringed  vessels,  all  having  signals  flying  for  pilots,  but 
not  a  pilot  was  there  in  sight-  The  Mexico  continued  standing  off 
and  on  the  Hook  till  midnight  ;  she  and  the  whole  fleet  of  ships  dis- 
played lanterns  from  their  yards  for  pilots.  Still  no  pilot  came. 
At  midnight  the  wind  increased  to  a  violent  gale  from  the  north 
east,  the  barque  was  no  longer  able  to  hold  to  windward,  and  w?is 
blown  off  a  distance  of  some  40  miles,  &c.,  &c.  She  went  ashore 
26  miles  east  of  Sandy  Hook,  at  Hempstead  beach." 

3.     AFFIDAVIT  OF  CAPT.  CHAMPLIN. 

"Lt/me,  May  12,  1840. 

il  I,  Christopher  H.  Champlin,  of  Lyrne,  in  the  State  of  Con- 
necticut, on  oath  depose  and  say,  that  on  the  first  day  of  January, 
A.  D.  1839,  I  was  on  my  homeward  passage  from  London,  in  the 
packet  ship  Montreal  ;  I  reached  the  bar  off  Sandy  Hook,  about  8 
o'clock  in  the  morning,  and  remained  there  until  3  o'clock  in  the 
afternoon,  waiting  for  a  pilot,  but  none  came.  I  then  ran  my  ship 
in,  and  anchored  abreast  of  the  light-house.  At  about  half  past  6 
o'clock  in  the  evening,  a  steamboat  came  down,  with  a  pilot  on 
board,  and  towed  me  in  as  far  as  the  lower  Bay,  where  I  anchored. 
The  wind  during  the  day  was  from  S.  to  S.  S.  W.,  but  about  9 
o'clock  in  the  evening  a  snow  storm  commenced,  and  the  wind  was 
then  about  N.  E.  While  I  was  lying  off  the  Hook,  there  were  a 
large  number  of  other  vessels,  as  many  I  should  [think]  as  twenty 
in  all,  waiting  for  pilots.  Among  them  was  the  barque  Mexico, 
with  a  signal  for  a  pilot,  and  signals  of  distress.  I  spoke  her,  and 
she  requested  permission  to  follow  me  in.  T  told  her  I  did  not  like 


21 

to  venture,  but  advised  her  to  run  in,  as  she  \vas  in  distress.  I 
afterwards  saw  her  lower  her  boat,  which  went  to  one  of  the  other 
ships.  When  I  got  in,  I  saw  her  in  the  offing  lying-io.  Her  sub- 
sequent loss  is  well  known."  (Signed,) 

C.  H.  CHAMPLIN'. 

State  of  Connecticut,     ) 
County  of  New  London,  )  Lyme,  May  12,  1840. 

"  Personally  appeared  Capt.  Christopher  H.  Champlin,  to  me 
known,  and  subscribed  and  made  oath  to  the  foregoing  affidavit." 

(Signed,)  HENRY  M.  WAITE, 

A  Judge  of  the  Superior  Court 
of  the  State  of  Connecticut. 

4.  AFFIDAVIT  OF  CAPT.  JOHN  M.  BROWN. 

"  City  and  County  of  New  York,  ss.  I  John  M.  Brown,  of 
Brooklyn,  New  York,  Master  Mariner  and  Wrecker,  hereby  certify 
that  I  have  followed  the  sea  for  the  last  twelve  years,  and  have  been 
much  engaged  in  the  wrecking  business,  near  the  port  of  New  York. 
I  do  certify,  that  on  the  tirst  of  January,  1837,  I  was  bringing  a 
cargo  of  wrecked  goods  from  the  brig  General  Trotter,  stranded  on 
Long  Island,  and  I  was  off  the  Bar  at  Sandy  Hook  about  9  o'clock, 
A.  M.  I  saw  the  barque  Mexico,  about  10  o'clock,  with  a  signal 
of  distress  flying  and  a  signal  for  a  pilot.  The  wind  was  at  that 
time  fair  to  go  into  port,  and  I  proceeded  up  to  the  city.  I  saw 
the  barque  Mexico  up  to  4  o'clock  in  the  afternoon  of  that  day, 
and  the  signals  were  still  flying.  I  also  saw  sixteen  other  square 
rigged  vessels  wanting  pilots  ;  and  I  am  well  acquainted  with  pilot 
boats,  but  could  see  none  on  that  occasion.  At  eleven  P.  M.  the 
wind  changed  to  the  westward,  and  blew  heavily.  1  got  up  as  far 
as  Staten  Island  on  the  night  of  the  first  of  January.  If  the  barque 
Mexico,  and  other  vessels,  had  got  pilots  when  I  first  saw  them, 
they  would  have  had  a  fair  tide,  and  fair  wind  to  get  safely  up  into 
the  Bay,  and  could  have  done  so  ;  but  I  did  not  see  any  pilot  on  the 
next  day,  nor  until  I  heard  the  Mexico  was  lost,  and  I  was  on  my 


22 

way  to  her  relief.  Since  the  pilot  law  of  the  United  States  has 
come  into  force  I  have  seen  that  the  pilots  have  gone  well  to  sea  to 
iook  for  vessels,  which  they  seldom  or  never  did  before.  I  have 
spoken  them  off  Cape  May,  and  out  ol  sight  of  land." 

(Signed,) 

Signed  and  Sworn  to,  before  me,  ]  JOHN  M.  BROWN. 

this  9th  day  of  May,  1840. 
(Signed)         JAMES  BERGEN. 
Public  Notary. 

Such  is  some  of  the  testimony  which  might  be  brought  forward 
to  shew  that,  before  the  reform  that  was  introduced  into  the  pilot 
system  in  consequence  of  the  law  of  Congress  of  2d  March,  1837, 
and  of  the  New  Jersey  pilot  laws,  the  pilots  of  New  York  were  not 
only  inadequate  in  number,  but  lamentably  deficient  in  activity,  for 
the  protection  of  the  port  of  New  York.  I  have  before  me  lists  of 
vessels  stranded  and  lost  in  the  vicinity  of  New  York,  within  the 
last  six  years,  from  which  it  appears  that  far  less  injury  has  been 
sustained  by  shipping  during  the  three  years  the  co-operation  of  the 
New  Jersey  pilots  commenced,  than  there  had  been  for  the  three 
previous  years.  These  lists  are  taken  from  the  records  of  Insurance 
offices,  returns  of  wreck  masters,  and  certificates  of  others  cognizant 
of  such  matters.  I  select  the  following  remarks  from  some  of 
these  lists. 

11  Brig  Hancock,  with  a  New  York  pilot  on  board  of  the  name  of 
[I  withhold  the  name]  who  was  drunk  on  the  cabin  floor  when  she 
struck  on  the  west  Bank." 

4<  Brig  New  England — lost  in  consequence  of  the  drunkenness  of 
the  same  pilot." 

Several  others  are  mentioned  as  having  New  York  pilots  on  board, 
and  not  one,  as  having  a  New  Jersey  pilot. 

The  following  affidavits  will  go  more  particularly  to  evince  the 
good  effects  of  the  system  introduced  in  1837,  and  the  competency 
and  faithfulness  of  the  New  Jersey  pilots. 


23 

5.  AFFIDAVIT  OF  CAPT.  D.  G.  BAILY. 

"City  and  County  of  New  York,  ss.  I,  D.  G.  Baily,  Master 
of  the  ship  South  America,  do  declare  and  say,  that  I  have  sailed 
out  of  the  port  of  New  York  for  the  last  fifteen  years  and  have  had 
occasion  to  become  well  acquainted  with  the  system  of  pilotage  in 
force  for  the  port  of  New  York,  up  to  the  passage  of  the  law  giving 
the  right  of  competition  to  the  New  Jersey  pilots.  I  have  had 
great  reason  to  complain  of  the  inattention  and  negligence  of  the 
New  York  pilots,  and  know  that  their  conduct  was  a  cause  of  gen- 
eral complaint  up  to  that  time.  Since  the  competition  of  the  New 
Jersey  pilots,  I  have  had  occasion  to  be  well  satisfied  with  the  effects 
of  the  Law  of  the  United  States,  and  I  know  of  no  reason  to  alter  it. 
Under  the  old  system,  I  have  often  been  dangerously  delayed  for 
want  of  a  pilot,  and  have  often  been  boarded  by  the  New  York 
news-boats  before  I  could  get  a  pilot.  It  is  my  belief  that  an  alter- 
ation of  the  law  as  it  now  stands  would  be  injurious  in  its  effects. 
I  have  had  a  New  Jersey  pilot  on  one  occasion,  and  he  gave  me 
complete  satisfaction.  1  have  heard  the  New  Jersey  pilots  praised 
by  ship-masters  of  my  acquaintances,  as  being  fully  competent  for 
their  business." 

Signed  and  Sworn  to  before  me,       )       (Signed) 

this  9th  day  of  May,  1840.    '  D.  G.  BAILY. 

[Signed]  JAS.  BERGEN,  Not.  Pub.  ) 

"  I  have  read  the  foregoing  affidavit  of  D.  G.  Baily,  and  having 
commanded  several  packet  Ships  out  of  the  port  of  New  York, 
have  had  experience  as  to  the  system  of  pilotage  of  the  port  of  New 
York,  and  my  own  knowledge  enables  me  to  declare  that  the  state- 
ment of  Capt.  Baily  is  similar  to  what  I  should  make  under  oath." 

(Signed) 

WM.  C.  THOMPSON, 

Com'r.  Ship  Stephen  Whitney. 

"  P.  S.  I  have  had  New  Jersey  pilots  on  many  occasions  and 
they  have  invariably  given  me  satisfaction."  (Signed) 

WM.  C.  THOMPSON. 


24 

6.  AFFIDAVIT  OF  CAPT.  THOMAS  BRITTIN. 

"  City  and  County  of  New -York,  ss.  I,  Thomas  Brittin,  now 
commanding  the  ship  Gladiator  of  New-York,  do  declare  and  say, 
that  I  have  commanded  vessels  out  of  the  port  of  New-York  for 
nineteen  years,  and  up  to  March,  1837,  have  arrived  off  Sandy 
Hook  with  a  signal  for  a  pilot  flying,  but  was  frequently  compelled 
to  run  into  port  without  a  pilot,  as  none  could  be  procured,  not- 
withstanding the  ordinary  measures  having  been  taken  to  attract  the 
notice  of  the  pilots  if  any  were  in  sight.  Up  to  that  time  the  whole 
business  of  piloting  vessels  as  conducted  by  the  New-York  pilots, 
was  a  subject  of  general  complaint  among  ship  masters.  Since  the 
establishment  of  the  New-Jersey  opposition,  pilotage  has  been  well 
conducted,  and  the  competition  has  had  the  effect  of  causing  vessels 
to  be  supplied  with  pilots  a  long  distance  from  Sandy  Hook.  In 
my  fast  voyage,  I  got  a  pilot  to  the  eastward  of  Fire  Island  light.  In 
my  last  voyage  but  one,  I  got  a  pilot  off  Barnegat,  N.  J.  I  know 
of  no  reason  to  complain  of  the  present  law  as  to  pilots,  and  am 
fully  convinced  that  the  removal  of  the  New  Jersey  competition 
would  be  highly  injurious  to  the  commerce  of  New  York  and 
hazardous  to  the  lives  of  passengers  and  seamen.  I  have  had  occa- 
sion to  employ  the  New  Jersey  pilots,  and  they  have  invariably 
given  satisfaction." 
Signed  and  Sworn  to  before  me,  }  (Signed) 

"this  9th  day  of  May,  1840.  THOMAS  BRITTIN. 

(Signed)     JAMES  BERGEN,     j 
Notary  Public.  J 

7.     In  a  statement  made  by  James  Bergen,  Notary  Public,  of 
vessels  stranded  and  wrecked,  he  closes  as  follows  : 

"And  I  do  further  declare  that,  &c. — and  that  the  pilots  up  to 
March  1837,  were  not  in  the  habit  of  going  to  sea  ;  and,  since 
then,  I  have  seen  the  New  York  and  Jersey  pilots  seventy  miles 
from  Sandy  Hook.  I  have  no  reason  to  know  that  any  unusual 
/r  complaint  has  been  made  by  ship-masters  or  merchants,  as  to  the 
pilots,  for  the  last  three  years." 

(Signed)  JAMES  BERGEN,  Notary  Public. 


25 

8.  That  the  New  Jersey  pilots  have  been,  at  least,  as  competent 
and  faithful  in  the  discharge  of  their  duties,  since  the  law  of  1837, 
as  their  competitors,  we  have  abundant  proof.  I  have  before  me  a 
list  of  twenty-six  vessels  of  the  largest  class,  which  during  the  years 
1838,  1839  and  1840,  have  been  run  aground  and  more  or  less 
damaged  (some  being  totally  lost)  whilst  under  the  care  of  New 
York  pilots — (and  the  name  of  the  pilot  in  each  case  is  given, 
which  I,  however,  withhold  from  the  public  eye)  ;  whilst  during 
that  period,  not  more  than  two  or  three  cases,  it  i*  believed,  can  be 
pointed  out  of  any  accjdentd  happening  to  vessels  having  on  board 
Jersey^pilots. 

The  following  certificate  is  to  the  same  purport : 

•*  NEW  YORK,  June  6,  1840. 

u  I  hereby  certify  that  I  was  a  passenger  in  the  ship  Zenobia, 
Nathaniel  Kinsman,  master,  from  Canton  to  New  York  ;  that  we 
took  a  pilot  (as  I  believe  fronj  boat  No.  6)  at  about  5  o'clock  on 
the  afternoon  of  Monday  the  25th  ultimo,  at  a  distance  of  some  20 
or  25  miles  to  the  southward  and  eastward  of  Sandy  Hook — the 
land,  at  that  lime,  not  being  visible,  owing  to  a  thick  haze.  We 
stood  in  till  about  9  P.  M.  with  the  wind  from  the  S  E.  ;  when 
owing  to  the  strength  of  the  ebb  tide,  we  anchored  outside  the  Bar. 
We  got  under  way  at  about  4  A.  M.  of  the  26th,  with  a  moderate 
breeze  from  the  northward  and  eastward,  and  stood  up  the  Bay, 
the  weather  being  quite  clear  and  pleasant.  As  we  progressed  the 
wind  hauled  more  to  the  northward.  At  about  —  o'clock  the 
pilot  tacked  ship  to  the  eastward,  the  ebb  tide  setting  out  strong 
soon  afterwards.  We  were  headed  off  to  E.  S.  E.  and  for  a  short 
time  to  S.  E.,  the  wind  coming  in  from  the  sea  with  a  thick  fog. 
We  were  in  the  act  of  going  about,  not  many  minutes  after  the  fog 
came  in,  the  ship  struck  on  *  the  middle. ' 

**  It  was  a  subject  of  remark  when  the  pilot  came  on  board,  that 
he  was  ignorant  of  his  distance  from,  and  of  the  exact  direction  of 
the  Hook  ;  and  at  the  time  we  struck,  that  he  did  not  know  the 
state  of  the  tides.  In  reply  to  the  inquiry  of  Captain  Kinsman^  what 


26 

was  to  be  done  to  get  the  ship  off,  he  said  it  \vould  be  of  no  use  to 
anchor,  that  she  would  come  off  with  the  flood,  &c.  In  trimming 
the  sails  he  seemed  to  follow  the  suggestions  of  Captain  K.  rather 
than  to  act  from  his  own  judgment. 

"  At  the  request  of  Captain  K.  I  left  the  Zenobia  in  the  ship's 
boat,  at  about  7  o'clock  lor  New  York,  to  procure  a  steamboat,  and 
other  assistance. 

kt  The  Zenobia  is  owned  by  D.  P.  Parker,  Esq.  of  Boston,  and 
had  on  board  at  the  time  she  struck,  a  cargo  of  teas,  silks,  &c., 
worth  some  $600,000,  and  the  pilot  was  made  aware  of  the  value 
of  his  charge,  soon  after  getting  on  board." 

(Signed)  A.  A.  LOW. 

By  another  statement,  it  appears  that  the  Buoy  of  '-  the  Middle" 
was,in  sight  when  the  vessel  struck.  The  vessel  was  considered  as 
in  great  danger  of  being  lost. 

By  other  statements,  it  appears  tlij|t  the  ship  Henry  Fourth,  from 

South  America,  was  run  ashore  in  good  weather  by a  New 

York  pilot,  whose  brother  has  been  seen  at  Washington  endeavoring 
to  get  a  repeal  of  the  Pilot  Law.  The  Henry  Fourth  was  a  total  loss. 

9.  As  a  further  proof  of  the  general  satisfaction  which  has  been 
given  by  the  operation  of  the  existing  law,  1  here  give  some  extracts 
from  the  remonstrances  of  those  whose  interests  should  be  consulted, 
against  the  repeal  of  that  law. 

A.  Resolutions  of  the  Board  of  Underwriters,  passed  25th  Feb- 
ruary, 1840. 

"  Whereas,  information  has  been  received  by  the  Board  of  Un- 
derwriters of  New  York,  that  efforts  are  now  making  for  procuring 
an  alteration  or  amendment  of  the  Act  of  Congress,  passed  2d  day 
of  March,  1837,  pertaining  to  the  pilot  system,  and  whereas,  this 
Board  know  of  no  desirable  change  in  the  law  as  it  now  stands — 

" Resolved,  That  the  experience  of  the  last  two  years  has  abun- 
dantly evinced  the  expediency  of  continuing  in  force  the  present 


27 

Law  of  the  U.  States,  regulating  the  conduct  of  the  pilots,  especially 
as  regards  the  bay  and  waters  of  this  port. 

"Resolved,  That  the  good  effects  of  the  Law  in  question  hare 
been  signally  evinced  by  the  remarkable  difference  between  the  num- 
ber of  disasters  occurring  in  the  vicinity  previous  to  the  passage  of 
the  Act,  and  those  which  have  since  taken  place. 

"Resolved,  That  the  competition  opened  by  the  Law  above 
named,  in  the  pilot  business,  between  citizens  of  different  States,  is 
essential  to  the  safety  and  prosperity  of  the  commerce  of  this  port, 
and  can  only  be  secured  by  the  provisions  of  the  Act  already  passed." 

A  copy  of  these  Resolutions  were  forwarded  to  some  of  the 
Members  of  Congress,  accompanied  by  a  letter  prepared  under  the 
instructions  of  the  Board  of  Underwriters,  of  which  the  following  is 
an  extract  : 

"  Antecedent  to  the  year  1S37,  representations  and  serious  com- 
plaints were  made  against  the  combinations  and  regulations  which 
existed  among  the  pilots  of  Ibis  port,  prejudicial  to  the  service, 
whereby  their  exertions  were  diminished. 

"The  proper  order  was  reversed  : — vessels  wanting  pilots  were 
obliged  to  wait  for  f/iem,  and  if  the  weather  was  very  bad,  they  could 
not  be  met  with  until  a  change  took  place  ;  after  which  it  was  found 
that  they  had  frequently  been  very  improperly  and  unnecessarily 
sheltered  in  the  bays.  Many  of  the  most  heart-rending  shipwrecks 
of  vessels  without  pilots,  bound  into  this  port,  took  place,  occa- 
sioned wholly,  as  was  supposed,  by  the  negligence  of  the  pilots,  and 
an  indisposition  on  their  part  to  be  where  duty  required  them. 

"  The  passage  of  the  Law  of  Congress,  dated  2d  March  1837, 
whereby  the  pilots  of  the  adjoining  States  were  allowed  open  com- 
petition, with  this  State,  gave  great  satisfaction,  affording  to  those 
interested  in  commerce,  and  such  as  had  friends  crossing  the  ocean, 
a  prospect  of  diminished  risk  in  entering  or  leaving  the  port. 

"  Very  soon  thereafter,  pilot  boats  from  this  city  and  from  Nevr 
Jersey,  sailing  out  of  this  harbor  with  hardy  and  daring  crews,  defy- 
ing the  worst  weather,  were  found  cruising  50  to  100  miles  outside 
of  Sandy  Hook,  thus  entirely  hushing  the  plea  made  so  frequently 


28 

before  on  their  part,  that  the  weather  oti'  this  port  was  too  bad  for 
pilot  boats  to  keep  at  sea.  Each  now  looks  for  such  patronage  and 
share  of  a  suitable  reward,  as  his  own  exertions  fairly  entitles  him 
to  receive.  The  number  of  vessels  and  passengers  lost  in  approach- 
ing the  coast,  diminished  as  the  activity  of  the  pilots  increased  : 
the  contrast  surpassed  belief,"  &c. 

B.  The  Memorial  of  the  Chamber  of  Commerce,  N.  Y.  of  Gth 
i\lay,  1840. 

After  adverting  to  the  efforts  made  by  the  N.  Y.  pilots  to  obtain 
a  repeal  of  the  laws,  the  memorial  proceeds  : 

"  The  principal  grounds,  as  the  Chamber  is  informed,  upon 
which  the  application  for  repeal  is  founded,  are  that  the  New  York 
pilots  are  sufficient  in  number  for  the  commerce  of  the  port,  and 
i hat  the  New  Jersey  pilots  are  not  competent  to  the  discharge  of 
their  duties.  This  Chamber,  however,  is  of  opinion  that  the 
extended  commerce  of  this  port,  and  which  is  continually  increasing, 
will  furnish  employment  for  competent  pilots  from  both  States  ;  for 
complaints  of  the  effects  of  the  monopoly  previously  existing,  when 
New  York  pilots  only  were  employed,  have  been  of  long  standing, 
and  were  but  too  well  founded  ;  and  as  regards  the  competency  of 
the  New  Jersey  pilots,  the  fact  has  been  established  by  our  Marine 
Insurance  Companies,  who  are  not  only  the  most  competent  parties 
to  judge,  but  from  a  regard  to  their  own  interest  are  also  most  likely 
to  decide  correctly,  that  fewer  accidents  have  occurred  to  vessels 
under  the  charge  of  the  New  Jersey  pilots,  than  to  those  under  the 
management  of  their  opponents. 

"  Among  the  advantages  resulting  from  the  law  of  Congress,  is 
that  arising  from  the  more  frequent  use  of  the  new  channel,  called 
Gedney's  channel ;  which  has  not  been  a  favorite  with  the  New  York 
pilots,  and  of  course  not  so  well  understood  ;  and  in  the  late  instance 
of  the  United  States  frigate  (Potomac)  .going  to  sea,  having  one  of 
our  most  competent  New  York  pilots  as  well  as  a  New  Jersey 
pilot,  on  board,  the  former  declined  to  take  charge,  while  the  latter 
conducted  the  ship  in  safety  to  sea  through  the  new  channel,  with 


19 

nearly  lour  feet  more  water  than  existed  in  ihe  other  channel.  But 
the  most  important  benefit  resulting  from  the  law  is  felt  in  the  com- 
petition that  has  sprung  up,  and  which  contrasts  so  favorably  with 
the  injurious  effects  of  the  combination  previously  existing  amonii 
the  New  York  pilots.  The  loss  and  danger  to  our  commerce 
arising  from  the  neglect  of  our  pilots,  who  formerly  rarely  ventured 
out  beyond  the  waters  of  the  lower  bay,  was  long  a  subject  of  just 
reproach,  and  called  loudly  for  redress  :  whereas  now,  pilot  boats 
are  continually  boarding  vessels  fifty  miles  from  port." 

C.  A   Remonstrance,  signed  by  64   ship   masters,  dated    New 
York,  May  6,  1840,  amongst  other  things  contains  the  following  : 

"  Your  remonstrants  would  state  that  vessels  nearing  this  port, 
during  the  enforcement  of  the  former  system  of  pilotage,  were  com- 
pelled to  remain  outside  Sandy  Hook,  in  many  instances,  two  or 
three  days,  owing  to  the  difference  of  the  pilots,  who  received  the 
proceeds  of  the  pilotage  collectively,  and  felt  indifferent  when  they 
performed  their  duty  individually. 

"  Furthermore,  it  is  our  firm  conviction  that  if  said  act,  which 
operates  so  favorably  upon  the  mercantile  interest,  be  repealed,  the 
system  of  pilotage  to  and  from  this  port,  will  surely  revert  to  the 
state  in  which  it  was,  antecedent  to  said  act." 

D.  A  Remonstrance  against  the  repeal  of  the  Act  of  2d  March, 
1837,  signed  by  700  merchants,  and  900  other  citizens  of  New 
York,  and  dated,  May  7,  1840,  has  the  following  : 

"  Your  remonstrants,  &c.,  that  their  interests,  to  a  considerable 
extent,  are  involved  in  a  matter  of  this  description  which  so  nearly 
concerns  them."  Then  after  adverting  to  the  abuses  and  com- 
plaints that  had  existed  previous  to  the  passage  of  this  law,  they 
proceed  :  "  Your  remonstrants  further  represent,  that  since'  the 
passage  of  the  said  Act  of  1837,  the  wants  of  commerce  have  been 
subserved,  and  every  desirable  result  which  was  expected  to  arise 
from  throwing  open  the  system  to  a  healthy  spirit  of  competition, 
more  in  character  with  our  republican  institutions,  has  been  abun- 


30 

dantly  realized  : — that  while  the  restrictions  previously  imposed, 
presented  some  of  the  most  odious  features  of  a  monopoly,  and  se- 
cured to  a  limited  number  of  individuals  the  entire  emoluments 
derived  from  a  lucrative  pursuit,  many  useful,  capable  and  worthy 
men,  with  large  families  dependent  on  their  exertions,  bred  from 
childhood  on  these  waters,  whose  knowledge  was  the  fruit  of  prac- 
tical experience,  and  who  were  animated  with  a  disposition  to  enter 
into  this  business,  were  excluded. 

"It  was  this  obnoxious  feature  in  the  system  which  the  law  (of 
1837)  removed,  and  which  it  is  the  object  of  the  application  for  the 
repeal  of  it,  to  restore.  No  objection  has  been  urged  against  those 
now  engaged  in  the  piloting  of  vessels,  in  and  about  the  port  of  New 
York  ;  on  the  contrary  the  voice  of  public  opinion  has  been  prompt 
to  award  the  meed  of  commendation,"  &c. 

These  extracts  are  sufficient  to  shew  the  feelings  and  wishes 
of  those  for  whose  protection  a  system  of  pilot  laws  should  be 
framed. 

An  effort  was  made  by  the  pilots  of  New  York  at  the  session  of 
Congress  next  after  the  passage  of  the  law  of  2d  March,  1837,  to 
effect  its  repeal.  In  the  Senate,  the  Committee  on  Commerce, 
Mr.  Davis,  Chairman,  reported  unfavorably  to  the  repeal.  The 
concluding  paragraph  of  that  report,  seems  to  contain  a  correct 
view  of  the  case.  It  is  this  : 

u  Believing  therefore  that,  on  the  whole,  the  pilots  of  New  York 
will  not  be  in  great  danger  of  suffering  from  the  skill  of  the  New 
Jersey  Pilots,  if  the  latter  know  as  little  of  their  duty  as  the  former 
represent,  and  believing  also  that  if  the  law  has  thrown  matters  a 
little  out  of  adjustment,  they  will  soon  so  regulate  themselves  that 
each  individual  will  find  a  place  that  he  will  have  little  occasion  to 
complain  of,  the  committee  have  come  to  the  conclusion  to  recom- 
mend to  the  consideration  of  the  Senate  the  following  resolution  : 

"Resolved,  That,  in  the  present  state  of  things,  the  Senate  sees 
no  occasion  to  legislate  upon  this  subject." 


31 

•• 

V.  That  it  may  be  seen,  in  conclusion,  that  the  complaints  raised 
by  the  New  York  pilots,  against  the  irresponsibility  and  freedom 
from  salutary  restrictions  of  the  New  Jersey  pilots,  are  groundless  ; 
and  that  there  i's  at  least  as  great  security  in  the  laws  under  which 
the  latter  act,  for  a  continuance  of  that  efficiency  and  faithfulness, 
which  I  think  they  have  already  been  proved  to  have  manifested,  as 
there  is  in  the  enactments  and  provisions  of  the  New  York  laws  in 
reference  to  New  York  pilots  ;  I  have  here  made  an  Abstract  of 
the  principal  safeguards  proposed  by  those  laws. 

First.  The  competence  and  efficiency  of  the  Commissioners  of 
Pilotage,  is  at  least  as  wel)  secured  in  New  Jersey  as  in  New  York. 

In  either  State  they  are  appointed  by  the  Governor  and  superior 
branch  of  the  Legislature.  Pilot  Acts  of  N.  J.  Sect.  1,  of  N.  Y. 
Sect.  2.  Their  number  is  to  consist  of  five  in  New  York,  and 
seven  in  New  Jersey. — ib.  In  both  States,  their  duties  are  clearly 
specified  by  law,  and  their  authority  is  amply  sanctioned.  In  both 
States  carefulness  in  the  examination  of  candidates  for  license  of 
pilotage,  and  in  the  supervision  to  be  exercised  over  the  conduct 
and  capacity  of  pilots,  is  rigorously  enjoined.  In  neither  State 
may  they  have  any  interest  in  the  pilotage  business  ;  in  both  States 
they  have  the  superintendence  of  the  pilots'  charges,  and  to  them 
are  the  pilots  to  render  account  of  all  fees  taken  for  pilotage.  The 
duty  of  holding  an  annual  examination  of  the  apprentices  of  pilots 
is  enjoined  on  the  New  Jersey  Commissioners,  but  not  on  those  of 
the  sister  State.  Due  power  is  given  to  the  Commissioners  of  either 
State  to  cite  delinquent  pilots  before  them,  and  punish  them  for  ne- 
glect or  misconduct,  by  fine,  or  a  suspension  or  abrogation  of  their 
licenses. 

But  besides  the  legal  provisions  intended  to  secure  the  efficiency 
of  the  Commissioners  of  Pilotage  in  New  Jersey,  as  well  as  in  New 
York,  the  actual  Commissioners  of  Pilotage  in  the  former  State, 
have  thus  far,  in  point  of  fact,  been  as  well  selected  for  competency 
and  energy  in  the  discharge  of  their  appropriate  duties,  as  they  have, 
or  could  have  been  in  New  York.  I  believe  that  every  individual 
of  the  seven  Commissioners  of  Pilotage  in  New  Jersey,  is  not  only 


32 

well,  but  eminently  accomplished  to  sustain  and  discharge  the  duties 
which  his  station  imposes.  Who  are  they  ?  What  are  they  ?  Are 
they  lady-fingered,  fresh-water  gentry,  totally  unacquainted  with  the 
sea,  and  the  sea-coast,  and  harbors  in  the  vicinity  of  New  York  ? 
Let  us  see.  Two  of  them  are  officers  of  our  Navy,  in  actual  com- 
mand ;  one  served  for  many  years  as  an  officer  in  the  navy  ;  the 
four  remaining  Commissioners  are  old  experienced  masters  of  ves- 
sels in  the  merchant  service,  and  as  well  acquainted  with  every 
rock,  and  bar,  and  hole  in  the  harbor  of  New  York  and  vicinity,  as 
it  is  possible  for  men  to  be.  Are  these  incompetent  men  ?  Flave 
they  been  inefficient  men  ?  The  answer  to  these  questions  we 
hope  has  already  been  seen  in  the  promptness,  skill  and  faithfulness 
of  the  pilots  under  their  care,  which  has  been  evinced  in  the  course 
of  this  statement. 

I  shall  now  endeavor  to  show, 

Secondly,  That  the  Pilots  of  New  Jersey  are  subject  to  as  severe 
regulations  and  penalties  as  those  of  New  York, — 

1.    As  to  their  qualifications  and  license. 

By  the  N.  Y.  Statute  of  1837,  the  Commissioners  were  to  li- 
cense all  such  persons  then  licensed,  as  they  might  deem  compe- 
tent after  examination,  and  also  every  other  person  of  full  age  and 
good  moral  character  making  application  therefor,  giving  a  prefer- 
ence to  such  as  have  served  three  years  as  an  apprentice  to  a  li- 
censed pilot.  Sect.  7.  The  applicant  is  to  be  examined  in  the 
presence  and  with  the  assistance  of  one  or  more  licensed  pilots 
(provided  they  attend,)  touching  his  qualifications  for  the  office  of 
pilot,  particularly  his  knowledge  of  the  sailing  and  management  of  a 
square-rigged  vessel,  and  also  touching  his  knowledge  of  the  tides, 
soundings,  bearings  and  distances  of  the  several  shoals,  rocks,  bars, 
and  points  of  land,  and  night-lights  in  the  navigation  for  which  he 
applies  for  a  license  to  act  as  a  pilot.  Sect.  14.  The  pilot  must 
also  enter  into  recognizance  of  $250,  for  the  diligent  and  faithful 
discharge  of  his  duties.  Sect.  18. 


33 

By  the  N.  J.  Statute  of  1837,  the  Commissioners  were  author- 
ized to  license,  at  their  discretion,  any  person  to  act  as  branch  pilot, 
£c.,  after  due  examination,  and  after  inquiries  made  respecting  his 
character  and  qualifications,  (Sect.  1,)  giving  the  preference  as  a 
right,  to  apprentices  who  have  served  four  years  with  a  licensed  pi- 
lot. Sect.  19.  The  applicant  is  to  be  examined  in  presence,  and 
\vith  the  assistance  of  one  or  more  pilots,  (provided  they  attend,) 
touching  his  qualifications  for  such  employment,  and  particularly 
touching  his  knowledge  of  the  tides,  soundings,  bearings,  and  dis- 
tances of  the  several  shoals,  rocks,  bars',  and  points  of  land,  in  the 
navigation  for  which  he  applies  for  license  to  act  as  a  pilot.  Sect.  5. 
The  pilot  must  also  give  security  for  $500  for  the  faithful  discharge 
of  his  duties,  (Sect.  4,)  and  must  also  be  sworn  well  and  faithfully, 
according  to  the  best  of  his  skill  and  knowledge,  to  execute  and 
discharge  the  business  and  duty  of  a  pilot,  and  at  all  times  to  use  his 
best  endeavors  to  repair  on  board  all  ships  and  vessels,  &c.,  and 
make  the  best  dispatch  to  bring  safely  over  the  bar  of  Sandy  Hook, 
&c.,  &c.,  and  at  all  times  truly  observe,  &.C.,  the  directions  of  the 
Commissioners,  &c.,  and  that  he  will  not  be  co-partner  with  more, 
&c.,  in  any  way.  Sect.  3.  In  addition  to  the  examination  above 
required,  every  apprentice  must  be  annually  examined  by  the  Com- 
missioners, with  the  assistance  of  two  or  more  pilots,  (who  are  re- 
quired to  attend  for  that  purpose,)  touching  and  concerning  their 
knowledge  of  the  tides,  bearing  and  distances  of  the  several  shoals, 
reefs,  bars,  and  points  of  land,  currents,  and  every  other  matter  the 
Commissioners  think  proper,  tending  to  promote  the  safe  navigation 
of  vessels  between  Jersey  City,  Newark,  P^erth  Amboy,  and  Sandy 
Hook. 

By  both  Statutes,  every  pilot-boat  is  bound  to  have  at  least  two 
apprentices — and  by  the  N.  J.  Stat.  they  shall  be  indented  to  a  li- 
censed pilot  for  a  term  not  less  than  four  years — be  diligently  taught 
the  mystery,  &.C.,  and  frequently  (once  a  month,  for  the  last  two 
years)  be  taken  on  board  ships  or  other  square-rigged  vessels,  for 
the  purpose  of  learning,  &c.  ;  and  as  an  incentive  to  the  employ- 
ment of  apprentices  shall  be  employed  in  the  pilot  service  to  and 
from  Sandy  Hook.  vid.  N.  J.  Act.  Sect's.  19,  20. 
5 


34 


Such  are  the  safeguards  which  the  respective  laws  provide 
against  the  admission  of  incompetent  men.  What  in  the  next  place, 
are  the  restrictions  and  penalties  to  which  they  are  subject  after  en- 
tering upon  their  duties  ? 


IN  NEW  YORK. 

1.  The    Commissioners    may  suspend 
any  pilot  license  for  any  time  they  think 
proper ;  and  revoke  and  annul  the  same, 
on  proof  of  negligence  or  en--- 
wilful  dereliction  of  duty,  or 
any  provisions  of  the  act,  or  disobedience 
to  the  regulation  of  the  Commissioners. 
See.  10. 


2.  For  losing  a  vessel  negligently  or 
careless,  by  due  conviction  he  shall  be 
deprived  of  his  license,  and  be  forever  in- 
capable of  acting  as  pilot  in  this  State; 
and  if  he  run  a  vessel  aground,  he  shall 
not  be  entitled  to  pilotage.  Sect.  19. 


3-  If  a  vessel  bound  for  New  York  be 
lost  within  fifty  miles  of  Sandy  Hook, 
and  has  been  within  sight  of  the  light- 
house, and  no  pilot  shall  have  offered  to 
board  said  vessel,  the  Commissioners 
shall  inquire  if  there  has  been  fault  or  ne- 
gligence; and  if  so  the  person  guilty  shall 
be  suspended  from  his  pilotage,  or  dis- 
placed. Sect.  38. 


4.  Pilots  arc  required  to  keep  a  journal, 
Ac.  Sect.  25. 

'•>.  They  are  required  to  heave  the  lead 
regularly,  and  see  that  the  lead-line  be 
properly  marked.  Regulation  of  Corn's. 


IN  NEW  JERSEY. 

1.  The  Commissioners  on  due  proof  of 
misbehavior  of  a  pilot  when  on  duty  may 
fine  or  suspend  him.  Sect.  8. 

They  may  take  his  license  away  and 
it  void  on  his  wilfully  infringing  or 
violating  the  Statute;  or  the  orders  of  the 
Commissioners,  or  in  negligently  and  care- 
lessly losing  any  vessel  under  his  care;  or 
if  he  be  laboring  under  mental  derange- 
ment; or  be  so  addicted  to  habits  of  intox- 
ication as  to  be  unfit  to  be  intrusted  with 
the  charge  of  a  vessel.  Sect.  7. 

2.  For  losing  vessel  negligently  or  care- 
lessly, he  shall  be  forever  incapable  of  act- 
ing as  pilot  or  deputy  pilot  in  this  state. 
and  shall  be  liable,  by  action  at  common 
law,  to  pay  all  damages  sustained  ;  and  if 
he  run  a  vessel  on  shore,   he  shall    not 
be  entitled  to  any  pilotage;  and  shall  be  li- 
able for  damages,  if  he  were  negligent. 
Sect.  11. 

3.  If  a  pilot  or  deputy  pilot  see  a  vessel 
on  the  coast  having  a  signal  for  a  pilot,  or 
shall  hear  a  gun  fired  off  the  coast,  and 
shall  refuse  to  go  to  the  assistance  of  such 
vessel,  he  shall  be  fined  $100 — and  on  con- 
viction, may  be  rendered  incapable  of  act- 
ing as  pilot,   by  the  Commissioner?.    Sent. 
9.    Every  pilot  cruising  or  standing  out  to 
sea  shall  offer  his  services  first  to  the  ves- 
sel, nearest  the  land,  or  in  most  distress — 
and  on  refusal  to  go  on  board  a  vessel, 
when  required  by  the  masier  thereof,  he 
shall  forfeit  $100,  and  be  liable  to  suspen- 
sion.    Sect.  10. 

4.  Pilots  required  by  the  regulations  of  the 
Commissioners  to  keep  a  journal,  &c. 

5.  They  are  required  to  heave  the  lead 
regularly,  and  to  see  that  the  lead-line  is 
properly  marked.     Sect.  21. 


35 

6.  Every  pilot  in  charge  of  a  Vessel,  be-  6.  Every  pilot  in  charge  of  a  vessel,  be- 
coming intoxicated  shall  not  be  entitled  coming  intoxicated  shall  for  the  first  of- 
to  any  pilotage  for  the  voyage— and  shall  fence,  lose  his  pilotage  and  be  suspended 
be  suspended  for  six  mouths.  for  six  months,  and  forfeit  fifty  dollars;  for 

the  second  offence  he  shall  be  deprived  of 
his  license,  and  be  forever  incapable  of  act- 
ing as  pilot.  Sect.  23. 

7.  There  shall  be  no  partnership  be-         7.  Only  twelve  pilots  may  be  in  partner- 
tween  different  boats.     Supplement.  ship  together.    Sec.  12,  &  Sup't. 

It  is  to  be  observed  that  by  the  New  York  law  a  preference  is 
to  be  given  to  the  pilot  who  brought  a  vessel  into  port  to  take  her 
out :  though  the  outward  rates  have  been  somewhat,  reduced. 

Such  are  the  legal  restrictions  imposed  on  the  pilots,  by  the  res- 
pective laws  of  New  York  and  New  Jersey,  besides  the  general 
supervision  and  control  of  the  Commissioners  of  pilotage,  which  is 
the  same  in  both  State.s. 

I  now  ask  any  candid  reader,  is  there  less  security,  in  the  pro- 
visions of  law,  for  the  competency  and  faithfulness  of  pilots,  in 
New  Jersey,  than  in  New  York  ? 

In  conclusion,  I  think  these  points  have,  now,  been  clearly  es- 
tablished : 

First,  That  the  pilotage  system  of  New  York  previous  to  1837, 
was  very  defective  and  inadequate  to  the  necessities  of  the  port  : 

Secondly,  That  since  that  time  there  has  been  a  great  change  for 
the  better  ;  and  that  that  change  is  to  be  attributed  in  a  great  mea- 
sure to  the  competition  of  the  Jersey  pilots  ;  and 

Thirdly,  That  the  general  good  requires  that  competition  to  be 
continued,  and  left  unrestrained.  . 


A  p  r  E  r\  D  i  x  . 


A. 

UNITED   STATES   OF  A.MERICA,  ) 

State  of  New   York.  )*' 

By  this  Public  Instrument  be  it  known  to  all  whom  the  same 
doth  or  may  in  any  wise  concern,  that  I,  CALEB  S.  WOODHULL,  a 
Public  Notary  in  and  for  the  State  of  New  York,  by  Letters  Pa- 
tent, under  the  Great  Seal  of  the  said  State,  duly  commissioned  and 
sworn,  dwelling  in  the  city  of  New  York,  do  hereby  certify  that  the 
annexed  is  a  true  copy  of  the  original  Protest,  on  file  in  my  office. 

In  testimony  whereof,  I  have  subscribed  my  name,  and  caused 
my  Notarial  Seal  of  Office  to  be  hereunto  affixed,  the  seventeenth 
day  of  December,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  thirty-six. 

C.  S.  WOODHULL,   Public  Notary. 


UNITED  STATES   OF  AMERICA. 

STATE   OF  NEW   YORK,  ) 

/  Sc 

City  of  New  York.       $ 

By  this  Public  Instrument  of  Protest,  be  it  known  and  made 
manifest  unto  all  to  whom  these  presents  shall  come  or  may  in  any 
wise  concern,  that  on  the  twenty-second  day  of  November,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty-six,  before 
me,  Oliver  Denton,  a  Justice  of  the  Peace,  in  and  for  the  County 
of  Queens,  in  the  State  of  New  Y'ork,  duly  commissioned  and 
sworn,  residing  in  said  county,  personally  came  and  appeared 
Alexander  McKown,  master  of  the  ship  or  vessel  called  the  Bristol, 


38 

end  duly  noted  his  protest  :  ami  now,  on  this  day,  to  wit,  the  first 
day  of  December,  in  the  year  aforementioned,  before  me,  a  public 
Notary,  in  and  for  said  State  of  New  York,  again  came  and  ap- 
peared the  above  named  Alexander  McKown,  together  with  Wil- 
'liam  Tapscott,  first  mate,  and  James  Malone,  second  mate,  William 
Alfred  Baker,  James  Braddock,  Henry  Owens,  Samuel  Kilburn, 
and  John  Bacon,  seamen  of  the  said  vessel  ;  all  of  whom  being  by 
me  duly  sworn  according  to  law,  severally  deposed  and  declared,  as 
follows,  viz: — That  they  sailed  in  their  above  respective  capacities 
in  and  with  the  said  vessel  from  Liverpool,  in  England,  on  the  fif- 
teenth day  of  October  last,  having  on  board  a  cargo  consisting  of 
railroad  iron,  wheat,  steel,  copper,  hardware  and  other  merchan- 
dise, bound  for  the  port  of  New  York  ;  that  the  said  vessel  was 
then  tight-staunch,  and  strong,  as  well  above  as  below  ;  well  manned, 
victualled,  tackled,  and  apparelled  ;  fit  for  merchant  service,  and 
had  her  cargo  properly  stowed  and  secured  :  that  they  proceeded 
on  the  voyage  with  variable  winds  and  weather,  making  and  short- 
ening sail  as  occasion  required,  and  without  any  remarkable  occur- 
rence, until  Sunday,  the  twentieth  day  of  November  last,  past,  on 
that  day  arrived  off  the  coast,  by  observation  at  noon,  in  latitude 
-dO  45,  longitude  73  19  ;  the  weather  being  on  that  day  remarkably 
pleasant  and  clear  with  a  fine  breeze  from  the  south-east  and  smooth 
water.  At  5  o'clock  P.  M.,  anxiously  looking  out  for  land,  took 
in  all  the  studding-sails,  at  seven  o'clock  sounding  in  fourteen 
fathoms  water,  and  saw  the  land  bearing  north-west,  distant  eight 
miles,  then  steered  north-north-east.  Jit  half-past  eight  o'clock  saw 
the  Highland  lights  bearing  north-west  six  leagues,  got  both  anchors 
off  the  gunnel  and  ranged  the  cables  overhauled;  at  ten  o'clock, 
took  in  royal-fore  and  mizzen  top-gallant  sails,  and  hoisted  a  light 
for  the  pilot  on  the  fore-top  gallant  yard  ;  at  'half-past  ten  o'clock, 
hauled  the  courses  up  and  rounded  too,  with  mizzen  top-sail  to  the 
mast,  ship  heading'  to  the  eastward,  Highland  lights  bearing  west- 
north-west  seven  miles  ;  Monday,  twenty-first,  at  half-past  one  A. 
M.,  seeing  no  prospect  of  getting  a  pilot,  filled  away  and  stood  to 
the  eastward,  the  Highland  lights  west  by  north  nine  miles,  fhe 
weather  setting  in  thick  and  rainy  and  wind  increasing  took  in  main 


39 

top-gallant  sail  and  single  reefed  main  top-sail,  the  ship  then  being 
under  the  top-sails,  jib  and  spencer  spanker  furled  that  the  ship 
might  be  easier  managed,  she  then  laying  up  east-north-east,  con- 
stantly kept  the  lead  going,  and  at  3  A.  M.  sounded  in  twelve  fa- 
thoms water  ;  at  3  o'clock  and  thirty  minutes,  sounded  in  ten  and  a 
half  fathoms  ;  at  three  hours  and  forty  minutes  sounded  ten  fathoms  ; 
at  three  o'clock  forty-five  minutes  sounded  in  five  fathoms,  instant- 
ly put  the  helm  hard  up,  but  ship  struck  immediately — squared  the 
after  yards  as  quick  as  possible,  but  the  wind  blowing  heavy,  ship 
wore  round,  head  to  the  north-west,  struck  heavily  twice  and 
knocked  off  the  rudder,  then  instantly  clewed  up  the  main  and  miz- 
zen  top-sails,  but  all  to  no  purpose  ;  a  heavy  sea  running  and  heav- 
ing the  ship  on  shore,  and  the  wind  blowing  a  gale  on  land,  all 
efforts  to  get  off  proved  fruitless — the  gale  still  increasing,  and  the 
sea  also  increasing  and  constantly  making  a  complete  breach  over 
her  decks,  and  the  ship  at  the  same  time  constantly  striking  heavy  and 
driving  on  shore.  In  about  three-quarters  of  an  hour  after  she  first 
grounded,  a  tremendous  sea  struck  her,  which  bilged  and  filled  her 
immediately  and  swept  away  every  thing  from  her  decks.  From 
this  time  the  ship  was  fast  becoming  a  perfect  wreck,  and  all  human 
efiorts  for  the  preservation  of  the  ship  or  cargo  were  hopeless. 

Ship  struck  land  and  was  lost  on  Rockaway  Beach,  on  the  south 
side  of  Long  Island,  in  the  town  of  Hempstead.  And  the  said 
master,  desirous  of  giving  every  degree  of  satisfaction  in  his  power 
to  all  persons  concerned  or  any  ways  interested  in  said  vessel  and 
her  cargo  before  mentioned,  hath,  together  with  the  other  mention- 
ed appearants,  before  me,  in  due  form  of  law,  protested,  and  I,  the 
said  Public  Notary,  at  the  instance  and  request  of  the  said  master, 
do  hereby  also  on  the  foregoing  premises  publicly  and  most 
solemnly  protest  against  the  heavy  gales  of  wind,  high  seas,  and  vi- 
olent weather  aforementioned,  as  the  sole  cause  of  the  accidents, 
losses  and  disasters  as  before  stated  ;  and  also  against  all  and  every 
other  matter  and  thing  w-batsoever  had  and  met  with  as  aforesaid, 
for  all  loss,  costs,  charges,  damages,  delays,  injury,  detriment, 
and  expenses,  which  already  have  or  hereafter  may  happen  or  ac- 
crue to  the  owners,  freighters,  shippers,  insurers,  and  others  con- 


40 

cerned  or  interested  in  said  vessel  and  cargo,  or  either  of  them,  or 
in  any  part  or  parts  thereof,  by  reason  and  means  aforesaid. 

Thus  done  and  protested,  at  the  city  of  New  York,  agreeably  to 

the  mercantile  law  :  in  faith  and  testimony  whereof,  as 

well  the  said  appearants  as  I  the  said  Public  Notary,  have 

[L.  S.]   subscribed  these  presents,  and  I  have  hereunto  affixed 

my  seal  of  office. 

CALEB   S.  WOODHULL,  Notary  Public. 

ALEXANDER  McKowN. 
WILLIAM  TAPSCOTT. 

his 

JAMES  ^  MALONE. 

mark. 

WILLIAM  ALFRED  BAKER. 

his 

JAMES  ^  BRADDOCK. 

mark, 
his 

HENRY  j^  OWENS. 

mark, 
his 

SAMUEL  ><<  KILBURN. 

mark. 

JOHN  BACON. 


B. 

The  number  of  New  Jersey  Pilots  is  15.  Of  these,  12  have 
been  masters  of  vessels.  They  have  2  boats  cruising  outside,  and 
a  stationary  boat  at  the  Bar  of  Sandy  Hook,  to  take  off  outward 
Pilots,  £c.  They  have  4  apprentices. 

They  had  piloted,  between  their  appointment  in  1837,  and 
February,  1840,  2116  vessels,  without  damage  or  loss. 


THE  FOLLOWING  MEMORIALS  FORWARDED  TO  CONGRESS, 

JANUAET,  1846  and  1847, 


MEMORIAL. 


To  the   Honorable   the    Senate  and  House  oj  Representatives  in 
Congress  assembled  : 

The  undersigned,  on  behalf  of  the  respective  Marine  Insurance 
Companies  of  this  city,  as  designated  below,  beg  leave  respectfully 
to  represent — 

That  they  have  perused  the  memorial  of  the  pilots  of  New  York 
to  your  honorable  bodies,  praying  for  the  repeal  or  modification  of 
the  Act  of  Congress  of  March,  1837,  concerning  pilots,  and  feeling 
of  necessity  a  deep  interest  in  this  important  subject,  ask  leave  res- 
pectfully but  earnestly  to  call  the  attention  of  Congress  to  the  fol- 
lowing exposition  of  their  views,  and  of  a  few  leading  facts  in  reply 
to  said  memorial,  and  in  opposition  to  its  prayer. 

That  memorial  alludes  to  the  Act  of  1537  of  this  State,  and  says 
that  "  by  its  enactments  all  the  freedom  and  competition  desirable 
or  consistent  with  a  due  regard  to  the  lives  and  property  of  their 
fellow-citizens  were  secured,  and  the  objections  in  this  respect 
which  were  urged  at  a  former  period  were  removed,"  and  it  then 
recites  the  Act  of  Congress  passed  in  March  of  the  same  year. 

Your  memorialists  are  apprehensive  that  the  inference  may  be 
drawn  from  this  mode  of  refering  to  the  law  of  this  State,  and  to 
that  of  Congress,  that  the  former  preceded  the  latter,  and  by  its 
liberal  provisions  left  no  necessity  for  the  interference  of  Congress, 


V 


42 

whereas  the  fact,  to  which  we  desire  to  call  the  attention  of  your 
honorable  bodies,  is  that  the  Act  of  this  State  thus  alluded  to  was 
not  passed  until  the  12th  of  April,  1837,  and  of  course  after,  and  as 
your  memorialists  contend,  in  consequence  of  the  Act  of  Congress, 
of  2d  of  March  preceding. 

As  regards  the  allusion  in  the  pilots'  memorial  to  the  excitement 
occasioned  by  the  destruction  of  lives  and  property  by  the  loss  of 
the  ships  Bristol  and  iMexico,  your  memorialists  have  only  to  say 
that  these  disasters  tended  to  render  still  more  manifest  the  errors  and 
the  dangers  of  the  previous  system,  which  degenerating  into  a  mo- 
nopoly prevented  that  competition  and  consequent  stimulus  to  exer- 
tion which  alone  can  provide  adequate  security  for  the  important 
interests  at  stake. 

Your  memorialists  admit  with  pleasure,  as  stated  in  the  pilots' 
memorial,  that  under  the  Act  of  Congress  a  Board  of  Pilot  Com- 
missioners has  been  established  by  the  State  of  New  Jersey,  and 
to  the  competition  thence  arising  we  are  indebted  for  that  important 
and  beneficial  change  in  our  system,  which  finds  our  pilots  fifty 
miles  from  land,  tendering  their  services  to  vessels  arriving  off  our 
port,  whereas  under  former  management  without  competition  in  the 
service  performed  under  regulations  of  their  own,  with  none  to  in- 
terfere, vessels  entering  our  harbor  were  left  to  find  their  pilots  long 
after  the  pilots  should  have  performed  their  obvious  duty  of  board- 
ing the  vessels  before  their  near  approach  to  danger. 

To  show  the  relative  number  of  pilots  belonging  to  New  York 
and  to  New  Jersey  respectively,  and  to  prove  conclusively  the 
value  and  necessity  of  the  competition  which  the  law  of  Congress 
introduced,  we  beg  leave  to  exhibit  the  accompanying  statement 
of  facts. 

By  a  statement  prepared  by  a  Committee  of  the  Chamber  of 
Commerce  in  1845,  to  be  laid  before  the  Legislature  of  this  State, 
it  appeared  that  the  New  York  pilots  were  then  81  in  number,  with 
13  pilot  boats — that  the  New  Jersey  pilots  were  then  17  in  num- 
ber, with  3  pilot  boats.  And  the  following  facts  were  taken  from 


43 

the  bills  of  pilotage  of  a  few  of  our  principal  shipping  houses,  pre- 
senting a  striking  contrast  between  the  present  and  the  old  mono- 
poly system  as  it  existed  prior  to  1837,  when  the  Act  of  Congress 
created  the  competition  : 

Of  123  inward  pilotages  in  1835  and  '36,  115  were  in  shore. 

and       8     "    offshore. 

Of  129  inward  pilotages  in  1843  and  '44,     16  were  in  shore. 

and  113     "    offshore. 

By  offshore  is  meant  such  a  distance  from  Sandy  Hook  that  the 
light  house  cannot  be  seen  from  a  vessel's  deck  in  fair  weather, 
(about  12  to  15  miles.)  In  shore  means  within  this  distance  of 
Sandy  Hook.  By  the  return  of  the  Commissioners  of  the  New 
York  pilots  for  the  same  year  1844,  it  appears  that  with  81  pilots 
and  13  boats,  they  brought  in  1992  vessels,  and  took  out  1610  ; 
total  3602,  equal  to  277  for  each  boat,  and  44.^  for  each  pilot.  By 
the  returns  of  the  Commissioners  of  the  New  Jersey  pilots,  it  ap- 
jieais  that  with  17  pilots  and  3  boats,  they  brought  in  563  vessels, 
and  took  out  563  ;  total  1131,  equal  to  377  for  each  boat,  and  67 
for  each  pilot.  All  which  plainly  proves  the  good  effects  of  the 
operation  of  the  Act  of  Congress  upon  the  pilot  service  of  our  port. 

The  official  returns  of  the  New  Jersey  Board  of  Commissioners 
for  1845,  are  as  follows  : 

There  are  now  17  Branch  Pilots. 

6  Deputy     " 

23  with  four  boats  during  the  year,  590 

vessels  have  been  brought  in,  and  522  vessels  taken  out ;  total  1112. 
About  nine-tenths  of  which  have  been  boarded  at  sea,  out  of  sight 
of  Sandy  Hook. 

The  official  returns  of  the  new  Pilot  Board  of  this  city,  estab- 
lished in  June  last,  after  the  repeal  of  the  State  laws  of  New  York, 
are  as  follows  : 

There  are  3  branch  pilots,  and  13  deputy  pilots,  and  2  pilot 
boats. 

They  have  brought  in  62  vessels,  and  taken  out  123,  and  of  the 
62  vessels  brought  in,  58  were  boarded  out  of  sight  of  Sandy  Hook. 


44 

The  memorial  of  the  pilots  represents  "  that  the  petition  to  the 
House  of  Representatives  in  1842,  asking  for  a  law  of  Congress 
regulating  the  pilotage  of  steamboats  on  the  Mississippi  and  Ohio 
Rivers,  was  referred  to  the  Committee  on  Commerce,  who  report- 
ed in  favor  of  leaving  the  subject  to  the  Legislatures  of  the  States 
whose  power  was  ample,  and  who  had  access  to  that  local  informa- 
tion which  was  essential  to  enlightened  legislation."  Your  memo- 
rialists respectfully  contend  that  the  cases  are  in  no  respect  anala- 
gous.  To  regulate  the  pilotage  on  the  Mississippi  and  Ohio,  as 
asked  for  in  that  petition,  would  be  to  restrict  the  rights  of  the 
Stales  ;  whereas  the  Act  of  Congress  of  1837  confirms  and  extends 
their  rights.  The  for.mer  would  be  an  interference  with  the  regu- 
lations of  the  States  as  to  the  pilotage  on  their  own  rivers  in  the  in- 
terior, whereas  the  latter  relates  only  to  the  foreign  and  coastwise 
commerce  of  the  country,  and  intei  feres  with  State  regulations  no 
farther  than  to  allow  the  master  of  any  vessel  entering  or  leaving  any 
port  situate  on  waters  that  are  the  boundary  between  two  States,  to 
employ  any  pilot  duly  authorized  by  the  laws  of  either  State. 

The  memorial  of  the  pilots  further  represents,  that  there  exists 
at  this  time  no  law  of  the  State  of  New  York  for  the  government  of 
the  pilot  service  within  the  jurisdiction  of  the  State,  the  same  hav- 
ing been  repealed. 

Your  memorialists  reply  that  our  State  laws  respecting  pilots  and 
pilotage  *'  by  the  way  of  Sandy  Hook,"  have  indeed  been  repealed, 
although  the  State  retains  its  authority  and  continues  its  regulations 
respecting  pilotage  in  its  own  waters  through  Hurl  Gate,  but  these 
laws  were  so  repealed  at  the  instance  of  the  pilots 'themselves. 

In  their  petition  to  our  Legislature  they  claimed  that  either  the 
law  of  Congress  should  be  repealed  and  all  the  pilots  of  the  port 
subjected  alike  to  the  provisions  and  restrictions  of  the  State  law, 
or  that  the  restrictions  of  the  State  law  shall  be  removed  from  them, 
and  they  left  like  the  pilots  who  carry  the  licenses  of  other  States 
under  the  simple  enactments  of  the  law  of  Congress."  Their  re- 
quest was  granted,  and  now  in  their  memorial  to  Congress  they 


45 

urge  "  that  farther  legislation  is  necessary  for  the  protection  of 
their  rights  and  the  interests  of  the  public,  and  that  this  necessity  is 
rendered  evident  from  the  fact  that  a  self-constituted  body  of  indi- 
viduals in  this  city  have  organized  themselves  as  a  Board  of  Pilot 
Commissioners." 

Your  memorialists,  together  with  the  merchants  of  our  city  large- 
ly interested  in  the  commerce  of  New  York,  feeling  great  uneasi- 
ness for  the  consequences  to  be  apprehended,  from  the  entire  repeal 
by  our  Stale  of  all  laws  on  this  subject  proceeded  immediately  to 
the  selection  of  competent  persons  for  the  purpose  of  examining  the 
qualifications  of  applicants  and  issuing  certificates  to  them  accord- 
ingly, in  order  to  provide  at  once  for  the  appointment  of  a  sufficient 
number  of  competent  pilots,  because  there  was  no  law  to  regulate 
the  subject.  The  pilots  of  New  York  were  at  once,  and  as  a  mat- 
ter of  course,  invited  to  co-operate  with  the  Board  for  this  object  ; 
and  every  pilot  previously  licensed  by  existing  State  laws  was  sub- 
jected to  no  examination  ;  such  a  license  was  all  that  was  required 
to  entitle  him  to  receive  a  certificate  from  this  Board  which  had 
been  constituted  solely  to  provide  for  the  emergency  occasioned  by 
the  repeal  of  the  laws  of  the  State. 

The  pilots,  however,  rejected  all  overtures,  and  it  appeared  that 
nothing  would  satisfy  them  but  the  exclusion  of  the  New  Jersey 
pilots,  or  the  repeal  of  the  law  of  Congress. 

Your  memorialists  desire  on  this  occasion  explicitly  to  assure 
your  honorable  bodies,  that  they  neither  deny  the  competency  nor 
are  disposed  to  undervalue  the  merit,  nor  do  they  wish  in  any  res- 
pect to  interfere  with  the  interests  or  limit  the  employment  of  the 
New  York  pilots.  On  the  contrary,  the  undersigned  desire,  that 
the  skill  and  character  of  that  most  useful  and  valuable  class  of 
citizens  should  become  identified  with  the  interests  and  reputation  of 
our  port.  But  it  is  against  the  old  system  of  the  pilot  service 
which  degenerated  into  a  monopoly  and  which  would  produce  the 
same  results  in  any  hands,  that  your  memorialists  protested  before, 
and  it  is  against  the  return  of  all  its  evils  and  errors  and  dangers 
that  they  now  earnestly  and  solemnly  beg  leave  to  protest  again. 


46 

Healthful  competition  has  induced  vigilance  and  exertion  on  the 
part  of  the  pilots,  and  secured  adequate  protection  to  commerce, 
and  there  is  employment  for  all  whose  skill  and  industry  qualify 
them  for  their  duties. 

In  furtherance,  therefore,  of  the  permanent  security  and  best  in- 
terests of  the  trade  and  commerce  of  our  port,  your  memorialists 
respectfully  entreat  of  your  honorable  bodies  that  the  Act  of  Con- 
gress of  2d  March,  1837,  may  not  be  repealed,  but  allowed  to  re- 
main in  full  force  and  virtue. 

NEW  YORK,  January  10th,  1846. 

GENERAL  MUTUAL  INSURANCE  COMPANY, 

By  ABRAHAM  OGDEN,  President. 

ATLANTIC  MUTUAL  INSURANCE  COMPANY, 

By  WALTER  R.  JONES,  President. 

ALLIANCE  MUTUAL  INSURANCE  COMPANY, 

By  JAMES  D.  P.  OGDEN,  President. 

SUN  MUTUAL  INSURANCE  COMPANY, 

By  A.  B.  NEILSON,  President. 

3IERCANTILE  MUTUAL  INSURANCE  COMPANY, 

By  LEWIS  GREGORY,    Vice  President. 

PELICAN  MUTUAL  INSURANCE  COMPANY, 

By  S.  BALDWIN,  President. 

MUTUAL  SAFETY  INSURANCE  COMPANY, 

By  ZKBEDEE  COOK,  President. 


MEMORIAL. 


To  the  Honorable  the  Senate  and  House  of  Representatives  of  ttit 
United  States  of  America,  in  Congress  assembled  : 

The  undersigned,  in  behalf  of  the  Marine  Insurance  Companies 
of  the  city  of  New  York,  designated  below,  having  been  informed 
of  the  renewed  application  of  the  pilots  of  New  York,  for  a  repeal 
or  modification  of  the  Act  of  Congress  of  2d  March,  1S87,  (which 
gives  the  liberty  of  employing  any  pilot  licensed  or  authorized  by 
the  laws  either  of  this  State  or  of  the  State  of  New  Jersey,  to  pilot 
vessels  to  and  from  this  port,)  beg  leave  to  refer  to  their  Memorial 
on  this  subject,  dated  10th  January,  1846,  presented  at  the  last  ses- 
sion of  Congress,  and  also  further  to  represent — 

That  the  repeal  of  the  Act  of  1837,  will  not  be  in  accordance 
with  the  concurrent  resolutions  of  the  Legislature  of  this  State, 
adopted  in  March  and  April,  1846.  Fly  these  resolutions,  the  pas- 
sage of  a  law  was  recommended  regulating  and  establishing  the  pilot 
system  of  the  United  States  upon  equitable  and  proper  principles, 
securing  to  the  citizens  of  each  State  their  just  rights,  and  also  secu- 
ring proper  competition  in  the  business  of  piloting — and  by  a  board 
of  examination  requiring  similar  qualifications  in  all  pilots  :  and  if 
this  could  not  be  effected,  then  recommending  the  passage  of  a  law 
giving  to  each  State  the  power  to  pass  laws  for  the  appointment  and 
regulation  of  pilots. 

That  your  memorialists  are  convinced  by  observation  of  its  effects 
for  many  years,  that  a  liberal  competition  in  the  business  of  piloting 
is  essential  to  the  proper  conducting  of  the  business,  and  by  far  more 
important  than  any  special  regulations  in  regard  to  it. 


48 

Although  not  informed  of  the  particular  modifications  contempla- 
ted, your  memorialists  have  reason  to  apprehend  that  the  design  is 
to  repress  or  prevent  the  active  competition  which  has  sprung  up 
since  the  Act  of  1837  \vas  passed.  Upon  this  subject  your  memo- 
rialists observe,  that  the  pilots  are  the  most  needed  at  the  times 
when  it  is  the  most  hazardous,  difficult,  and  laborious  for  them  to 
leave  their  harbors  or  be  at  sea  :  and  there  is  too  little  to  stimulate 
them  in  the  performance  of  their  most  important  and  difficult  duties, 
when  they  meet  with  no  competition,  except  from  a  limited  number 
of  persons  (who  consort  together,  become  messmates  and  friends, 
and  readily  agree  not  to  compete  with  each  other,)  deriving  their 
appointment  from  the  same  source. 

The  laws  of  this  State  prior  to  1837,  were  such  as  clearly  to  dis- 
courage competition.  They  practically  confined  the  business  of 
pilotage  to  a  limited  number,  and  facilitated  combinations  between 
them.  As  a  consequence,  the  pilots  failed  to  discharge  their  high- 
est and  most  difficult  duties — they  became  negligent,  inattentive  and 
inefficient — would  go  out  to  meet  vessels  but  a  short  distance  from 
the  land  even  in  mild  weather,  and  in  storms,  when  most  needed, 
would  remain  in  harbor  :  vessels  from  distant  voyages,  unacquainted 
with  and  not  daring  to  approach  near  the  coast,  would  wait  many 
days  without  seeing  a  pilot.  After  some  most  disastrous  wrecks,  a 
public  investigation  was  had.  The  Grand  Jury  of  our  city  declared 
41  without  exception  the  testimony  of  every  merchant  and  shipmaster 
examined  by  them  was  such  as  to  reflect  great  discredit  on  the 
activity  of  the  pilots  of  this  port,  as  compared  with  the  pilots  of  any 
other  port  of  our  own  coast,  as  well  as  the  ports  of  Europe  " — and 
that  it  seemed  to  be  "  the  inevitable  result  of  a  system  which  selected 
so  small  a  number  for  so  great  a  work,  and  which  secured  to  them 
by  legislative  provisions,  of  the  strictest  character,  the  exclusive 
enjoyment  of  these  offices." 

Notwithstanding  the  serious  delays  and  the  many  alarming  disas- 
ters which  repeatedly  occurred,  and  these  public  investigations,  no 
effectual  relief  was  obtained,  except  by  the  Act  of  1837  now  sought 
to  be  repealed. 


49 

% 

That  act,  in  the  judgment  of  your  memorialists,  has  greatly  pro- 
moted the  best  interests  of  commerce,  and  lias  caused  the  duties  of 
pilots  to  be  performed  with  zeal,  courage  and  perseverance.  A  far 
greater  competition  has  existed.  Pilots  from  both  Slates  have  vied 
with  each  other  in  the  distance  at  which  they  have  boarded  approach- 
ing vessels,  and  in  the  labor  and  hazard  which  they  have  encountered 
to  relieve  them.  And  it  is  worthy  of  remark,  that  in  the  accidents 
that  have  since  happened,  the  new  competitors  have  had  the  least 
share.  They  have  even  been  preferred  for  their  skill  and  prudence. 

JJ 

Your  memorialists  apprehend  that  if  ihe  law  be  repealed,  the  old 

system  will  gradually  be  revived — and  they  therefore  most  earnestly 
represent,  that  a  repeal  of  that  Act  is  altogether  uncalled  for,  and 
that  any  modification  of  it  tending  to  discourage  competition  would 
be  unwise,  impolitic,  detrimental  to  the  great  interests  of  commerce 
which  it  is  alike  the  wish  of  your  memorialists  and  the  duty  of  Con- 
gress to  protect.  And  as  to  giving  the  States  power  to  pass  laws 
for  the  appointment  and  regulation  of  pilots,  (according  to  the  alter- 
native recommended  by  our  own  State  Legislature,)  your  memorial- 
ists apprehend  that  no  such  provision  is  necessary.  The  4th  section 
of  the  Act  of  Congress  of  7th  of  August,  17S9,  giving  that  power 
and  remaining  in  force,  modified  only  by  the  Act  of  1837,  which  in 
itself  is  limited  in  its  operation  to  pilots  "licensed  or  authorized  " 
under  State  laws.  And  your  memorialists  submit  that  the  principle 
of  the  Act  of  1837,  giving  to  citizens  of  adjoining  States,  acting 
under  their  own  State  laws,  the  same  right  in  respect  to  a  matter 
recognized  ever  since  the  adoption  of  the  Constitution  as  relating  to 
commerce,  and  as  being  within  the  control  of  Congress,  cannot  be 
repealed  without  infringing  upon  the  principle  by  which  the  cilizens 
of  each  State  are  entitled  to  privileges  and  immunities  of  citizens  in 
the  several  States. 

Instead  of  adding  more  restrictions  or  discouragements  to  compe- 
tition, if  any  change  should  be  made  it  should  be,  as  your  memorialists 
conceive",  in  an  opposite  direction,  and  without  regarding  State  lines, 

7 


60 

should  give  more  encouragement  and  increased  incentives  to  indi- 
vidual enterprise  and  ambition. 

Your  memorialists  therefore  respectfully  remonstrate  against  any 
repeal  of  the  Act  of  1837,  and  against  any  modification  of  it  in  the 
manner  apprehended. 

NEW  YORK,  January,  1847. 

ALLIANCE  MUTUAL  INSURANCE  COMPANY, 

By  JACOB  HAHVEY,  Aes't  President. 

ATLANTIC;  MUTUAL  INSURANCE  COMPANY, 

By  WALTER  R.  JONES,   President. 

GENERAL  MUTUAL  INSURANCE  COMPANY, 

By  N.  G.  RCTGKBS,   Prfiideiit. 

PELICAN  MUTUAL  INSURANCE  COMPANY, 

By  S.   BALDWIN,  President. 

MUTUAL  SAFETY  INSURANCE  COMPANY, 

By  ZEBEDEE  COOK,  President. 

SUN"  MUTUAL  INSURANCE  COMPANY, 

By  ALFRED  SETON,   President. 

NEW  YORK  INSURANCE  COMPANY, 

By  BACHE  McEvtas,  President. 

MERCANTILE  MUTUAL  INSURANCE  COMPANY, 

By  JOSEPH  WALKER,  President. 


MEMORIAL. 


TO  THE  HONORABLE  THE  SENATE  AND  ASSEMBLY  OF  THE  PEOPLE, 
OF  THE  STATE  OF  NEW-YORK. 

The  Memorial  and  Remonstrance  oj  the  undersigned  Insurance 
Companies  of  the  City  of  JVew-  York, 

RESPECTFULLY  SHEWETH. 

That  they  are  largely  interested  in  having  ihe  pilot 
service  of  this  port  well  discharged.  From  their  liabilities  for  the 
losses  which  occur  by  its  deficiencies,  their  constant  and  close  ob- 
servation and  experience,  they  conceive  that  they  may  be  allowed 
to  claim  for  themselves  a  competency  to  form  a  just  opinion  on  this 
subject.  And,  after  a  full  experience  of  the  effects  of  the  Act  of 
Congress  of  1837,  on  the  subject  of  pilotage,  and  a  knowledge  of 
the  previous  defects  of  the  pilot  service,  they  declare  that  this  Act 
of  Congress  has  operated  most  usefully,  and  they  pray  that  the  au- 
thority of  this  state  may  not  be  put  in  use  to  defeat  a  system  which 
has  worked  so  well.  They  the  more  urgently  pray  this,  because 
until  that  Act,  not  only  was  the  pilot  service  of  this  port  a  matter  of 
notorious  and  just  complaint,  but  appalling  disasters  were  directly 
traced  to  its  deficiencies.  Vessels  were  seldom  boarded  by  pilots 
until  close  in  wiih  ihe  land  :  whereas  under  the  influence  of  the  Act 
of  Congress,  large  numbers  of  ships  are  boarded  at  outer  stations 
and  cruising  grounds,  for  which  the  more  enterprising  pilots  derive 
a  large  and  adequate  allowance,  and  the  ships  a  corresponding  safety 
and  advantage.  Your  memorialists  humbly  conceive  that  it  is  un- 
reasonable to  attempt  now,  after  eight  years  have  elapsed  since  the 
settled  public  judgment  lias  stood  as  to  the  faults  of  the  pilot  service, 


52 

to  attempt  to  unsettle  or  disparage  that  judgment.  While  the  disas- 
ters above  alluded  to  were  recent,  that  judgment  was  formed  :  the 
Government  of  the  Union  approved  it,  and,  wisely  considering  the 
source  of  the  evil  to  be  in  the  securing  of  employment  to  one  class 
of  men  irrespective  of  that  competition  which  is  in  -all  enterprises 
the  stimulus  of  exertion,  Congress  took  away  that  cause  of  mischief ; 
they  removed  the  exclusion  and  widened  the  competition. 

And  your  memorialists  fearlessly  urge  as  a  decisive  consideration 
upon  this  question,  that  those  who  now  navigate  the  ocean,  whose 
cargoes  and  ships  are  at  risk,  and  those  who,  as  underwriters,  assume 
the  perils  which  pilotage  is  intended  to  lessen,  are  content  with  the 
present  system  and  deplore  its  alteration  :  whilst  those,  who  by  ex- 
cluding others,  would  enhance  their  own  profits  and  compel  the 
reliance  upon  such  efforts  only  as  they  might  choose  to  make,  are 
the  only  part  ot  the  comrnuniiy  who  seek  a  change.  If  those  who 
need  and  receive  services  rendered  under  their  own  observation  can 
ever  be  trusted  with  knowing  when  and  how  they  are  best  performed, 
it  seems  to  your  memorialists,  that  they  are  to  be  trusted  here:  and 
it  is  certain,  that  the  mercantile  and  shipping  interests  of  this  city 
are  strongly  averse  to  the  repeal  of  the  present  law  of  Congress. 

Until  the  recent  communication  of  His  Excellency,  the  Governor, 
and  the  report  of  a  Committee  of  the  Senate,  your  memorialists  had 
not  conceived  it  possible  to  question  the  power  of  Congress  to  enact 
the  law  in  question. 

The  right  to  regulate  pilotage  was  claimed  by  the  Act  of  Congress 
of  1789,  an  act  almost  coiemporaneous  with  the  Constitution  itself, 
and  it  is  a  sure  index  of  its  right  of  construction.  And  that  a  power 
to  legislate  on  pilotage  is  embraced  in  the  power  to  regulate  com- 
merce your  memorialists  conceive  to  be  too  clear  to  be  denied,  and 
indeed  it  is  not.  For  pilotage  is  as  much  a  part  of  the  means  of 
commerce  as  seamen,  almost  as  much  as  ships  themselves. 

If  Congress  have  the  power  to  regulate  pilotage,  then,  according 
to  the  doctrines  established  by  the  Federal  Court  and  submitted  to 


?:  -    • 


by  the  courts  of  this  state  in  the  steam  boat  controversy,  the  regu- 
lation they  do  make,  either  by  omission  or  direct  leeislation,  must 
be  conformed  to  by  the  states.     The  exercise  of  the   power  lies  in 
the  wisdom  and  discretion  of  Congress  :     they  are  to  determine  how 
far  and  in  what   cases  its  exercise  is  necessary.      According  as  the 
necessity  of  its  exercise  is  general  or  local,  the  law  will  be  general 
or  local  ;  and  your  memorialists  cannot  but  express  surprise  at  a  law 
of  this  kind   being  questioned,  on  the  ground  that  it  applies  only  to 
particular  localities  where  the  waters  of  co-tenninous   states   unite. 
Surely   Congress   may,  if  they    think  it  wise,  legislate  for  a  single 
port  ;  they  may  enact  laws  for  light-houses,  light-ships,  beacons  for 
single  ports  ;  may  provide  against  obstructions  in  particular  harbors, 
and  in  the  same  way  and  for  the  same   reason  provide  for  the  pilot 
service  of  particular  ports.     Indeed  the  notion  that  a  pilot  law  can- 
not  be  valid   unless  it  provide  in  a  similar   manner   for   the   whole 
Union,  is,  as  they  are  advised,  unfounded  in  any  principle  of  law,  is 
contrary  to  the  exigencies  rendering  pilotage  necessary,  which  differ 
greatly    in    different    places  ;   and  is  in  opposition    to   the   constant 
practice  of  the  government.     For   that   has   hitherto   permitted  as 
many  different  modes  of  pilot  service  as  there  were  laws  in  different 
states  regulating  it.      If  the  legislation  of  Congress  to  be  valid  must 
be  uniform,  then  no  differences   could    be   allowed  to  exist   under 
different  or  varying  state  laws.     The  truth  is,  that  if  Congress  have 
power  over   the   subject,  it  is  contrary  to  all  principles  to  question 
the  extent  and  mode  of  exercising  the  power  which  they  adopt  '.   if 
they  have  a  right  to  make  any  law  on  the  subject,  they  have  a  right 
to  say  how-  much  law  and  what  sort  of  law  is  proper. 

Neither  can  the  law  in  question  be  justly  opposed  as  embracing 
the  principle  that  officers  commissioned  by  one  state  may  exercise 
their  functions  in  another.  In  no  sense  are  pilots  state  officers. 
They  have  no  power  or  authority  over  the  citizen  or  his  property. 
Nor  is  this  principle  at  all  applicable  to  this  subject.  Congress,  in 
the  exercise  of  the  power  to  regulate  commerce,  are  to  determine 
how  the  pilotage  of  the  country  may  be  best  performed.  Without 
any  legislation  by  Coiisress,  pilotage  would  be  free  and  open  to  all. 


54 

According  to  the  principles  of  the  steam-boat  controvesy,  what 
Congress  do  not  prohibit,  remains  open  to  the  general  freedom  of 
all  to  perform  :  and  were  it  not  for  the  Act  of  Congress  of  1789, 
the  states  could  not  legislate  at  all  on  the  subject.  Congress  in  act- 
ing, must  be  supposed  to  have  in  view,  such  regulation  as  will  supply 
competent  pilots  in  sufficient  numbers.  The  determination  of  their 
competency  they  might  commit,  either  to  officers  of  the  General 
Government  or  to  locnl  authorities  in  the  states.  Until  1837  this 
was  committed  to  the  state  authorities  of  each  locality,  without  pro- 
viding for  the  case  of  states  co-terminous,  with  common  waters. 
In  1837  Congress  merely  say,  that  the  authorities  of  New  Jersey 
are  as  competent  to  determine  the  fitness  of  pilots  as  those  of  New 
York.  If  this  power  of  determining  the  competency  of  pilots  could 
be  delegated  to  the  latter,  by  what  rule  may  it  not  be  to  the  former  ? 
If  unwarranted  as  to  either,  it  is  as  to  both. 

Congress  having,  in  the  exercise  of  its  undeniable  power,  sanc- 
tioned the  fitness  of  the  New  Jersey  authorities  to  license  pilots 
(and  it  is  to  be  remembered  that  New  Jersey  has  more  sea  coast 
and  more  people  living  near  the  pilot  grounds  than  New  York,  and 
this  fitness  having  been  proved  by  a  course  of  most  useful  and  ac- 
ceptable service,  and  having  also  called  forth  a  most  beneficial  com- 
petition from  the  New  \  ork  pilots,  your  memorialists  deeply  regret, 
that  for  the  mere  profits  of  the  pilots,  for  the  taking  of  a  part  in  the 
struggle  for  business,  the  great  state  of  New  York  should  enter  into 
the  field  to  make  the  struggle  unequal.  It  is  not  for  the  profit,  the 
ease  of  gaining  a  living  by  one  set  of  men  rather  than  another  that 
legislation  should  be  invoked.  Against  such  partial  legislation,  we 
have  a  right  to  protest  as  contrary  to  the  principles  of  a  republican 
government,  an  invasion  of  equal  rights  and  as  so  much  direct  op- 
pression. 

Your  memorialists,  humbly  conceive,  that  experience  of  its  prac- 
tical effects  is  the  true  test  of  every  system  of  regulations.  And  on 
this  experience  of  the  system  under  the  present  Act  of  Congress 
they  repose  their  arguments.  No  complaints  have  been  urged  against 


00 


this  system  by  merchants,  mariners  or  insurers  :  to  the  pilots  of 
New  York  alone,  has  the  system  been  a  subject  of  even  pretended 
grievance  :  and  with  the  convenience  of  living  at  the  city,  and  of 
their  alleged  fitness  and  experience,  they  have  every  advantage  which 
they  ought  to  possess  in  the  struggle  for  employment. 

Your  memorialists  therefore  remonstrate  against  any  part  being 
taken  by  the  Legislature  in  the  attempt  to  procure  the  repeal  of  the 
Act  of  Congress  of  1837. 

Jlnd  as  in  duty  bound  they  icill  ever  pray,  fyc. 
NEW  YORK,  FEB.  20ih,  1845. 


GENERAL  MUTUAL  INSURANCE  COMPANY, 

By  ABRAHAM  OCDEN,  President. 

ATLANTIC  MUTUAL  INSURANCE  COMPANY, 

By  WALTER  R.  JONES,  President. 

JACKSON  MARINE  INSURANCE  COMPANY, 

By  JUSTUS  HABBISON,  Vice- Pruident. 

SUN  MUTUAL  INSURANCE  COMPANY, 

By  ALFBED  SETON,  Vice- President. 

NEW  YORK  INSURANCE  COMPANY, 

By  BACHE  McEvEas,  President. 

MUTUAL  SAFETY  INSURANCE  COMPANY, 

By  ALFRED  PELL,  Vice- President. 

ALLIANCE  MUTUAL  INSURANCE  COMPANY. 

By  JACOB  HABVEY,  President. 

MERCHANTS'  MUTUAL  INSURANCE  COMPANY, 

Ry  WILLIAM  NEILSOX,  President 

AMERICAN  .MUTUAL  INSURANCE  COMPANY, 

By  PHILIP  HOSE,  President. 

MERCANTILE  MUTUAL  INSURANCE  COMPANY, 

By  LEWIS  GREGORY,  President. 

CROTON  MUTUAL  INSURANCE  COMPANY, 

By  JOSEPH  B.  NONES,  Vice- President. 


THE  LIBRARY 
UNIVERSITY  OF  CALIFORNIA 

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